In a highly controversial decision the Connecticut Supreme Court ruled, 4-3, that Connecticut's death penalty is unconstitutional. Regardless of whether you are morally in favor or against the death penalty, you must question the reasoning of this decision. Why is the Court the only governmental body who knows the public's values? Certainly, the legislature that is elected by the public is in a better position to determine the public's values. At one point in the decision the Court reasons that over a 400 years period that was a historic trend towards leniency. This is hardly legal analysis.
While the Court might be doing the right thing for those to disagree with the death penalty on moral grounds, the court is usurping the power of the legislature. The Court is also ignoring the principle of separation of powers. If we are a nation of laws, then our governing bodies including the Court must respect the boundaries of their power. Here, the Court has overstepped.
If you or anyone you know needs the help of a lawyer, contact the lawyers at The Bartinik Law Firm, P.C., 100 Fort Hill Road, Groton, Connecticut at 860-445-8521 or toll free at 888-717-4211.