6/30/2023 0 Comments Carr brothers murder wichita“It’s ironic that we bent over backwards to point out the heavy burden borne by the state and because we told them that regularly, they now turn this argument ,” he said. ![]() ![]() He admitted that judges had since been told to tighten up the instructions given to jurors but argued that the Kansas supreme court had wrongly invoked the eighth amendment protection against “cruel and unusual” punishment in the case. The Kansas attorney general, Derek Schmidt, warned that six of the nine prisoners on death row in the state could have their sentences overturned if the cases before the court were upheld. ![]() “I very much doubt that jurors have heard of that maxim,” said Sotomayor after Scalia used the phrase “ expressio unius est exclusio alterius” to describe how in telling jurors that exacerbating factors should be proven beyond reasonable doubt judges should make it clear by contrast that mitigating factors need not be. Asking how many death row cases there were in Kansas, Justice Antonin Scalia said the total of nine cases suggested “that Kansans, unlike our Justice Breyer, do not think the death penalty is unconstitutional and indeed very much favour it”.īut Scalia came under attack too from another liberal, Sonia Sotomayor, who ridiculed his use of Latin to argue that jurors would know not to apply a higher burden of proof to mitigating evidence.
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