Associated Press – June 25, 2008:

The Supreme Court has struck down a Louisiana law that allows the execution of people convicted of a raping a child.

In a 5-4 vote, the court says the law allowing the death penalty to be imposed in cases of child rape violates the Constitution’s ban on cruel and unusual punishment.

“The death penalty is not a proportional punishment for the rape of a child,” Justice Anthony Kennedy wrote in his majority opinion. His four liberal colleagues joined him, while the four more conservative justices dissented.

There has not been an execution in the United States for a crime that did not also involve the death of the victim in 44 years.




  1. Ah_Yea says:

    #15, Green. AAhhh, that’s so sweet. How about you, your wife, and your daughters all hold hands with a few convicted child rapist and sing “Cum Ba Ya”.

  2. MikeN says:

    If Anthony Kennedy is writing a 5-4 decision, you can guarantee it is poorly reasoned.

    All your logic about how bad is the death penalty are arguments for why you should have it repealed, or not passed as the case for your state. They are not reasons for why the death penalty is unconstitutional. This is judicial activism.

  3. sinn fein says:

    I may live in the Middle Ages but the barbarian criminals that most you apparently love and respect (more than their child victims) are from the Stone Age.

    So, the compassionate punishment…errr…corrective behavior…is to have the child rapists simply tell their victims and families, “Sorry. Shan’t let it happen again. My bad.” CASE DISMISSED!

    You mopes are the same idiots who want to talk with terrorists to “better understand why they hate us.”

    God Save America from its “well meaning” backstabbers.

  4. cc says:

    #28 , you read wrong the Mark Perel post: he’s talking about consented sex (in real world), that due to law wording is (legaly, by age considerations) rape. Replace by two whites or two blacks if you want, the problem that Mark points will be clear to you. Nothing to do with racism.

    #all:
    A very practical reason to not death penalty for rape is this: If a rapist knowns it will be fryed, then it can think it will pays to kill the raped. One less to testify.

  5. Dallas says:

    The logical solution is a point system with the below schedule where Death requires at least 100 points.

    Murder : 100 (death guaranteed)

    Rape of minor 80 (see debit/credit)
    -Male rapes male +20
    -Male rapes female +10
    -Female rapes male -30
    -Female rapes female +30
    -Difference in age +1 point for each year

    The above schedule can be adjusted each 4 years depending on society standards. This should clearly accommodate liberals and fascists. It may have some flaws, but you get the idea.

    Is this system yields results, we can suggest other crimes to add to the kill list.
    I am a genius!

  6. Whipjacka says:

    The purpose of our Justice system is to reform the inmates. There is too much support for the death penalty.A child rapist shouldn’t be executed because they have the most likely shot of actually reforming to societies standards. Their issues are largely psychological and can be worked through.

  7. Mr. Gawd Almighty says:

    #3, Dr.

    But allow me to ask again after one of your children gets raped. I imagine the death penalty will be perfectly acceptable at that point.

    If this happened to my daughter, I would be out there looking to blow the guys brains out. That, however, is why they don’t allow family and friends to sit in judgment. And, that is the difference between vengeance and justice, not the other way around.

    So go ahead, accuse my brother and exact your justice on him for a crime he did not commit. Then expect me to come after you for your crime of punishing my brother. So we can have have justice, where the right thing is done, or we can have vengeance and the anarchy that goes with it.

  8. J says:

    # 34 sinn fein

    Your comments are so stupid I don’t even need to retort.

    “Hey every body lets just skip the trial too!!!! I say if you are accused you are guilty. Huh Huh. Huh Huh. I’m a Republican and I can’t think so I just react.! Huh Huh!”

    Dumb Asses!!!

  9. bobbo says:

    Its interesting to me how much of the ruling and the discussion is biblically based. Eye for an eye, except in this case there is no eye, so the eye cannot be demanded?

    In fact, the death penality is justified as a statement of the values of the society. USA being the only first world country that allows it goes again to our religious roots.

    It seems to me that the death penalty can be justified by identifying the “motives” of the criminal. Did he steal a loaf of bread? Bible even says you can’t punish a man if he steals food to feed himself–seems Napoleon missed that caution.

    Still–can’t we all kinda understand the natural temptation to kill in the heat of the moment like when the spouse turns off the football channel, or when someone kills a guard to get at the bank’s money? All very understandable.

    But what is the common human emotion present when child rape takes place? Innocent child vs predatory human. Sure seems to me that “if” the death penalty can be justified at all (and there are good reasons listed above as to why it isn’t) then common sense would include child rape. Its only the intrusion of bible religion to hold otherwise.

  10. Jopa says:

    Is the death penalty too cruel for child rapists?

    -No

  11. Dr Dodd says:

    #35 cc

    Thanks for proving my point. Race was tossed into the mix when clearly it is not pertinent to the topic. I guess that there’s no need to go into the veiled slur against the south, but that’s up to you.

    #38 Mr GA

    All too often a predator is allowed to prey on the innocent time and time again. The predator is getting plenty of justice while the children and their families must continue with much of their lives destroyed forever.

    Maybe in the scheme of things a little vengeance is justice for the victims and society as a whole. It’s certainly worth considering.

  12. Dallas says:

    #42 “..Maybe in the scheme of things a little vengeance is justice for the victims and society as a whole. It’s certainly worth considering…”

    This is why we have adults in high places looking over our justice system.

  13. Zirbert says:

    #21, 35 – although I might have worded it a bit differently, the point the two of you made is correct: if the death penalty applies to rapists (of children or otherwise), then the rapist has nothing further to lose by killing their victim.

    As far as I can see, that’s an insurmountable obstacle to making rape a capital offense, regardless of one’s overall opinion of the death penalty.

    However, I would also like rapists (again, of children or otherwise) made completely ineligible for any sort of protective custody once imprisoned.

    -Zirbert

    http://zirbert.blogspot.com

  14. Noel says:

    That sure is a whole stack of blood thirsty posts. It is not a matter of cruelty. The issue is the justification and riotousness of execution. What makes a court justified in killing a person anymore than a murderer in the first place. Since there doesn’t seem to be a higher power striking people down left right and centre for the terrible crime the commit, I don’t think that an human has the right or justification to murder another. And that is what execution is. Killing someone against their will is murder.

  15. bobbo says:

    #45–Noel===make the dictionary your friend:

    http://www.merriam-webster.com/dictionary

    Start with murder, then homicide, then law. You can then go advanced with google and look up “due process of law” and the like.

    Really!

  16. Noel says:

    #45-bobbo,

    Come on bobbo, what have you got up your but? Execution is murder, not only because it is wrong, but simply as it fits the description “killing someone where the killer meant to cause the person’s death or meant to cause bodily harm that was likely to result in their death”

    http://tiny.cc/3HASD

    Perhaps you are just being annoying because the definition of murder is different around the world. At any rate, that all flies out the window when you take into consideration the fact that executions are abolished or unused in most of the world. Your countries laws are wrong.

  17. bobbo says:

    #47–Noel==whats up my butt? People who show no respect at all to the english language. Words have meanings and you shouldn’t make up your own to avoid the consequences of 1000’s of years of careful growth.

    Execution: a putting to death especially as a legal penalty.

    I can’t find the word or concept of “murder” in any definition of execution.

    Join us in the real world.

  18. Noel says:

    #48-bobbo,

    Really, this all comes down to you thinking that my grammar is poor, or that linguistic skills are lousy? I hardly think you are in a position to say that. Half of the things that come off your keyboard are garbled and unreadable. You pop question marks all over the place an misspell words. I have respect for the english language. I hardly think that execution being unjustified and amounting to as much as a murder has anything to do with your outrage.

    You are being contrary for the purpose of being contrary. My original post is easily understood.

    You are scraping at the dregs of your credibility. You make little to no sense much of the time and jump all over the board in terms of opinion. There is a reason that you garner so little respect amongst your commenting peers.

  19. MikeN says:

    To think that one of the things Tocqueville admired about America was that they had a death penalty for rape.

  20. bobbo says:

    #49–Noel==hah, hah. Go for the scrotum?

    Well, I take the compliment but keeping clear distinctions between the very real differences between murder and homicide, legal and illegal have their place. Without proper regard, one can sound like an untethered idiot. Something to be avoided.

    And to that point, I take it you feel capital punishment is poor social policy. Reasonable people can disagree and discuss the pro’s and con’s of that position, but not without regard to the definitions of the terms that define the subject.

    If you recognize my posts are so bad, why would you ever emulate them?

  21. Rick Cain says:

    They used to occasionally execute people for rape in my state back in the 1920’s. Oddly enough, all of them were black…hmmmmmmm.

    Seems if you were white back then, they applied a different, less critical rule of law.

  22. Cursor_ says:

    The death penalty should be outlawed no matter what the case.

    It is simply a senseless waste to kill people, whether it is murder of person to person or murder of state to person.

    Cursor_

  23. MikeN says:

    By the logic of Kennedy’s decision, gay marriage is unconstitutional.

    He writes that there is a national consensus against the death penalty for these cases, since 44 states have not passed it. He writes this even while acknowledging that in the last few years some states have passed this penalty for child rape.

    So then it’s clear that there is a national consensus against gay marriage, since very few states have passed it. THerefore it should be outlawed.

  24. Patrick says:

    #54 – You are correct. He would have to against gay marriage.

  25. Cyberrod says:

    I can’t think of a better reason to execute someone.

  26. bobbo says:

    #54–Mike==while I agree with your position, the former is a prohibition while the latter is a right and the decisions come from two different courts.

    So other than being completely different, yea, its the same type of evidence that should apply.


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