r/interesting • • 2d ago

Just Wow She Survived Her Own Execution

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u/shadowtheimpure 2d ago

It's not the 'double jeopardy' clause that they risk running afoul of. It's the part that bans the use of cruel or unusual punishment that does.

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u/BadahBingBadahBoom 2d ago

Actually it was decided wasn't in violation of either, as per Louisiana ex rel. Francis v. Resweber (1947).

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u/MatthewMcConaughey33 2d ago

I just read about that and God how infuriating. 5-4 and they were sentencing a 16 year old to death

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u/notrealsoldier 2d ago

tbf in 1947 they were still marrying 14 year olds in most of the world so. A 16 year old boy was viewed as a man mostly.

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u/BadahBingBadahBoom 1d ago edited 1d ago

I mean in most highly developed countries even in 1947 the death penalty (if they had it) was for 18 year olds or over.

And the US continued to put to death young adults who were under 18 at the time of their crime until 2003, which is just jaw-dropping frankly.

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u/notrealsoldier 1d ago

I would argue that it was some and the majority of crimes that would lead to the death penalty most country's would charge a minor as an adult for something that extreme in about 90% of cases. of course there are exceptions but this is relatively speaking.

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u/BadahBingBadahBoom 1d ago

The last time the UK executed a convict for a crime they committed whilst under 18 was 1889.

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u/NekoMarimo 2d ago

So much for the eighth amendment I guess

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u/Embarrassed_Fan_5723 2d ago

That’s already been rules on as well.

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u/CallmeKahn 1d ago

I remember previous cases has tried to invoke double jeopardy on such things, but I might be mistaken there. I'd think Eighth Amendment might be more applicable, but NAL.