Tag Archives: Death Penalty

Average Joe SCOTUS: United States v. Tsarnaev

If the name Dzhokhar Tsarnaev looks familiar to you, it’s because it’s the dipshit who decided to blow up the Boston Marathon with his asshole brother. He killed three people, but hundreds were injured.

As you may know, his efforts earned him a justifiable one way trip to ride the lightning.

While on death row, the US Court of Appeals First Circuit threw out his death penalty ruling. Their argument was twofold. They believed that the courts didn’t do a good job scrutinizing jurors to see if they had watched any news about the bombing. But it was a national fucking story. The judge in the case screened a LOT of fucking jurors, and even spent 21 days with these nine angry fucks, probing the shit out of them to make sure that even if they had seen news stories, they exhibited signs they could be swayed by the evidence at trial, as opposed to having their mind made up before the trial even started.

Not sure where the hell you’d find nine people who hadn’t heard about it, unless you had nine homeless jurors from the midwest or something.

They also raised concerns about the fact the jurors didn’t hear about his scumbag brother Tamerlan who was also involved. Dzhokar and Tamerlan shot an MIT police officer in the head, then stole an SUV from a student. Somehow, Dzhokar managed to run over Tamerlan with the stolen SUV and killed him, saving the state from having to put both these fuckheads on trial. But the argument being made, is that Tamerlan may have been overly influential to Dzhokar, and Dzhoker somehow would have been an innocent little flower, had he not been influenced by Tamerlan.

Counsel for the US made a pretty compelling argument that since Dzhokar killed Tamerlan, it’s pretty convenient to throw blame on that prick, he’s fucking dead. He can’t cross examine anyone. He can’t deny the accusations against him. He’s the best fucking patsy you could ask for.

Curiously, despite Biden superseding Trump, having been on record as being in favor of ending the federal death penalty, apparently is keen to light this little piece of shit up like a Christmas tree. They are the ones pursuing it after all.

Tsarnaev’s counsel argues that in typical cases like this, the judge at the trial hearing would usually ask jurors what shit they’ve seen in the news about a case like this, to look for anyone who’s basically ready to pull the fucking switch on this little prick themselves, and the judge didn’t do that.

So now SCOTUS is being asked if the US Court of Appeals blew their load in vacation his death sentence, based on their insistence that the judge should have pursued more, whether these jurors were biased from the onset.

In a 6:3 partisan decision, SCOTUS ruled for the United States, arguing the 5th circuit, as usual, were a bunch of dumb fucks. The district court was well within their discretion, not to ask every juror to rattle off every fucking thing they heard on the news about this little prick. Instead, the court need only to assess the juror’s open-mindedness, or overwhelming bias, which they did.

The courts left three dissented, feeling that excluding the evidence about what a controlling dickhead his brother was, was unfair, and should have been allowed. If the jury had heard this shit, they might’ve chosen a lesser sentence.

But all for naught. Tsarnaev’s date with a needle is back on track. Good bye, you little prick.

Hear oral arguments or read about the case here.

Average Joe SCOTUS: McKinney v. Arizona

All around piece of shit, James McKinney, had a horrific childhood fraught with abuse. He started drinking and smoking weed by age 11, dropped out of school, ran away from home, shit like that. You kinda feel for the guy, but still, as an adult, he’s a total douchebag.

Anyway, he eventually committed robbery with his half-brother and two people were killed. So McKinney was convicted and sentenced to death.

No one wants to die, including McKinney. So because of the PTSD he suffered as a young kid, he believes that to be a mitigating factor in why he’s such a piece of shit now. Which is maybe true, but so long as you’re not delusional, you fucking know it’s wrong, and that you shouldn’t do it. So I’ve personally got little sympathy.

However that’s not important, I’m not trying this case.

So why are we here at SCOTUS? Well, SCOTUS in Eddings v. Oklahoma, 455 U.S. 104 (1982), determined that any mitigating evidence should be considered in a death penalty case, and therefore McKinney thinks his PTSD diagnosis is mitigating, and therefore would like not to be executed, please and thank you.

And also, in Ring v. Arizona, 536 U.S. 584 (2002), SCOTUS ruled that Death Penalty must be imposed by a jury sentencing hearing, and not by a judge. But Arizona was like, “Fuck you, that ruling happened after this mother fucker was convicted.”

But McKinney’s lawyer is nothing but creative. He wants a resentencing based on Eddings, which he believes must consider McKinney’s PTSD. Then he thinks that resentencing must be held to today’s standard as a result of Rings, that a jury must award the death penalty.

So now SCOTUS must determine whether this prick gets a needle in his arm or not.

The “liberal” justices agreed with McKinney. They make a fairly compelling argument that if SCOTUS makes a constitutional ruling, that the constitution shouldn’t be subject to timing. In other words, if it’s unconstitutional, it was always unconstitutional. It shouldn’t be deemed only unconstitutional after they hand down their ruling. Thus, they believe all such ruling should be retroactive and applied as such, to any relevant case.

However, Ginburg and her merry band of left-leaning cohorts are in the minority. The right-leaning majority decided that an appellate court can decide if they fucking want, and there’s no reason to retroactively change this. Ruling for Arizona, and goodbye McKinney.