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 July 14, 2008 in 

Are you collectively really so brainwashed that you think it’s okay to advocate “empowering” judges by taking sentencing power away from juries in felony cases belongs in the same document (the Texas GOP 2008 Platform . . . the image ought to be a live link) as “Preserving American Freedom” and “Limiting the Expanse of Government Power”?

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I’m just askin’. . .

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9 Comments

  1. DL July 14, 2008 at 9:02 pm - Reply

    Hahaha! This is why I love Mark Bennet.

  2. AHCL July 14, 2008 at 9:42 pm - Reply

    Isn’t Texas only one of two states that still has jury sentencing? As usual, I think Texas is one of the few states that still gets it right.

    I was raised as a Republican and I still have to beat my head against the wall at how much they do to destroy themselves in PR realm.

  3. Mark Bennett July 14, 2008 at 9:53 pm - Reply

    There are apparently several states that allow the jury to sentence in a felony case. (Here is a law review article on felony jury sentencing. According to the article, Arkansas, Kentucky, Missouri, Oklahoma, Texas, and Virginia allow juries to set punishment in felony cases.)

    Like another of my ex-Republican friends told Newsweek, “It’s hard being a member of the mean party.”

  4. Alien July 14, 2008 at 10:55 pm - Reply

    At least the Truth in Sentencing right above that will let the jury know just how long the judge is gonna stick it to the defendant. I wonder if that Truth in Sentencing applies before or after they have to say guilty or not guilty. Probably after.

  5. Ron in Houston July 15, 2008 at 5:56 am - Reply

    Well, It’s before 7 and I’ve already gotten an education today.

    I love the quote about being a member of a mean party. That’s priceless.

  6. Mark's Dad July 16, 2008 at 11:04 pm - Reply

    It strikes me that asking your “friends” if they are collectively brainwashed is notably unfriendly.

    But since you asked, I’ll answer that my Republican friends tend to agree with you that transferring power from juries to judges is inconsistent with “Preserving American Freedom” and “Limiting the Expanse of Government Power.”

  7. Mark Bennett July 17, 2008 at 6:53 am - Reply

    Sometimes friends need a good talking-to.

  8. Tony Vitz July 20, 2008 at 12:24 pm - Reply

    Sometimes, they aren’t really friends. Sometimes, they are prosecutors wearing a defense lawyer’s suit of clothes.

  9. Brendan Kelly July 21, 2008 at 1:22 pm - Reply

    Mark,

    I consider myself an ex-Republican…or perhaps a “Recovering Republican” as the GOP reminds me a great deal of the Officers and Crew of the Lusitania. I generally like what they are trying to do, and I like where they are trying to go. I find myself supporting their efforts, and hope they make it to their destination. That being said, their actions do not give me a whole lot of confidence in their ability to pull it off, and I have grave doubts that they actually will get to where they are trying to go.

    You are absolutely right, letting the Jury rather than the Judge sentence is the better idea, and more in line with preserving Freedom and Liberty. That’s why I find this suprising, as the GOP is generally more upset about “liberal Judges” than anything else. (Not that there are a lot of those left in Texas, but still that’s what get people all outraged, and that’s what the infobabes on Fox tended to scream about…back when I still watched Fox.) I can’t explain it, other than perhaps some party activist made it their pet cause, and forced it into the platform. You are right, it doesn’t really make sense.

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