Kipland Kinkel was a fifteen years old boy who was convicted for the possession of fire-arms, twenty- six attempted murders, and four murders, which included his mother, father, and fellow classmates. The defendant was sentenced to 111 years and eight months in jail. The Court of Appeals’ denied the appeal of the first sentence because the sentence was proven fair. The court document is successful in justifying the decisions to deny the appeal with use of persuasive rhetorical appeals.
Kipland Kinkel was arrested at the age of fifteen, for bringing firearms to school; he was then released into his fathers custody. Kipland proceeded to shoot his father in the forehead after they returned home. He then waited for his mother to return home, he helped her unload the groceries then shot her multiple times. The following day Kipland brought three semi-automatic weapons to Thurston High School. He entered the cafeteria and started to open fire wounding almost two-dozen students and killing several others. After numerous medical experts saw Kipland, they came to the conclusion that Kipland suffers from multiple schizophrenia disorders and depression. Kipland gave up his plea to insanity, which did not allow him to use his mental illness as an excuse for his actions in court. Kipland did not think his first verdict was fair so he went back and argued against Article I, Section 15, and Article I, Section 16, of the Oregon Constitution. The court and defendants victims were more worried about the safety of society if Kipland were ever to be released from jail. The court decided that the safety of society is more important than anything else in Article I, Section 15. They court explained how Article I, Section 15, is not a mathematical equation, but is individualized depending on the circumstances of the crime. Kipland’s appeal for Article I, Section 16, of unjust and cruel punishment for his crimes is denied. Therefore,
References: Haselton, P. J. (2002, October 16). Oregon Judicial Department Appellate Court Opinions. Retrieved from http://www.publications.ojd.state.or.us/docs/A108593.htm