Aprendee doesnt apply. Again, the central ring problem in this case, the central sixth amendment problem in this case, leaving aside the indederm nancy of 775 and three or one for the other. When a florida sentencing jury finishes its work there is no question. The defendant is not eligible for the death penalty. Only the trial judge can do that. Thank you, counsel. The case is submitted. Today the Bipartisan Policy Center hosts the discussion on the humanitarian and security implications of the syrian refugee crisis and the u. S. And global response. Panelists include state Department Officials and representatives of the u. N. High commissioner for refugees. Live coverage begins at 11 00 a. M. Eastern on cspan. Tonight on cspans new series landmark cases, by 1830 the Mississippi River around new orleans had become a breeding ground for cholera and yellow fever partly due to slaughter houses in the area dumping byproducts into the river. To address the problem louisiana allowed only on
The word between your formulation and petitioners formulation that says this is substantive because it did away with mandatory life imprisonment . Youre articulating it slightly different. Tell me what you see as the difference and why your articulation. Justice sotomayor. I dont think there is substantive day light between. Petitioners use and ours. It meant in treating it as a category. I think sums up the reality of what is happening. We broke it out into its Component Parts because i think it facilitates the analysis of it to understand that miller does have a procedural component. Sentencing courts must now consider the mitigating characteristics of age. But it also and more fundamentally, in our view, contains a substantive component that required a change in the law. Now, the change here was expanding the range of outcomes. Previously when this court has analyzed substantive changes in the law there have been changes that restricted the form of outcomes, say, for example, in Jus
Guidelines range was not truly mandatory. So even under the mandatory guidelines which for sixth amendment purposes were treated as if they established elements of the offense, for the purposes that were looking at here, they are not mandatory in the same way. So booker brought about a procedural change. What is the substantive difference to pardon the use of the word between your formulation and petitioners formulation that says this is substantive because it did away with mandatory life imprisonment . Youre articulating it slightly different. Tell me what you see as the difference and why your articulation. Justice sotomayor. I dont think there is substantive day light between. Petitioners use and ours. It meant in treating it as a category. I think sums up the reality of what is happening. We broke it out into its Component Parts because i think it facilitates the analysis of it to understand that miller does have a procedural component. Sentencing courts must now consider the mitig
That they currently exist in, were just going to have weaker product delivered later. I think we need to have some reform as the next round. And i think theres enormous potential there, not just in the military departments but between the military departments and osd, within osd, and further out into the headquarters in the field. Well, i thank you for that. And you are uniquely situated now to play a key role. And i agree with you. Just flatout reductions is just the first step. You have to its a little bit like sequestration in that its a meat ax when we need a scalpel and so i would look forward to having you play a role there given your unique background. Finally, the source of great frustration this committee, all of us members, is this continued cost overruns on weapons systems. Weve made some reforms. Were putting the Service Chiefs more involved. You are aware. But it still seems to go on. And every time we really need something, we use that expedited process, which we used for