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. Noel says:

    The crime shouldn’t matter, the death penalty is never right.

  2. Dr Dodd says:

    Liberal Justices display a pattern of being more concerned with championing the rights of the criminal over the victim. Justice is no longer the goal but more of a pursuit in furthering their political and personal agenda.

    Many feel that a child rapist doesn’t deserve the death penalty and they may be right. 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.

  3. Angus says:

    So the proportional response to child rape should be, maybe prison rape by a very, very, very large man? I’m not for the death penalty because it’s too hard to do, takes too long to carry out, and, ultimately, it goes against my christian morality. But, all of a sudden the idea of proportionalty is introduced into law, and we’re in big trouble, possibly, because of this.

  4. Tom says:

    @3 – If anyone does wrong to YOU in any way, your going to have your own opinions on the punishment.

    If someone commits a crime that ruins you financially, wouldn’t you want to kill them? Imagine you could barely feed your family due to this persons actions? Do they deserve the death penalty for such a crime?

    There’s a reason we have a justice system, rather then vigilantes.

  5. Daniel says:

    If the justice system won’t do it, at least we can still cling to the hope they’ll get shanked in prison.

  6. JimD says:

    A LIFE SENTENCE WITHOUT THE POSSIBILITY OF PAROLE IS A “DEATH SENTENCE” !!! The convict only gets out in a COFFIN !!!

  7. darthgus says:

    I think the death penalty should be reserved for three groups

    1 murders
    2 fox news viewers
    3 windows users

  8. Dallas says:

    Good call by the Supreme Court to limit the death penalty consideration to cases when a death has occurred.

    If not, the right wingnuts will ask for the state death penalty on anything that “seems heinous” by some arbitrary panel.

    That’s why the Supreme Court is there. To protect Constitutional Law and not hand over the laws of this country to the Right Wingnuts.

  9. IncongruousM says:

    Death penalty is not appropriate. However, I’ve long advocated castration in such cases.

  10. green says:

    Carlin: If it’s morally wrong to kill someone than it’s morally wrong to kill someone.

  11. Noam Sane says:

    It’s incredible that the decision was so close.
    What is it with the Conservative need to kill people?

  12. sinn fein says:

    Liberal Justices display a pattern of being more concerned with championing the rights of the criminal over the victim.

    Damn straight! It would be terribly interesting to see how very very quickly any number of Federal judges would change their advocacy from criminal rights over to victim’s rights should they or their family members ever fall victim to the “mercIES” of scumbag murderers, rapists or…shudder…telemarketers.

    No, do not kill child rapists. Just send them to prison to mix in with the regular inmate population and, by and by, they will receive the due and proper level of justice that ANY child rapist deserves.

    Otherwise, I’d suggest a fair amount of torture and castration with a dull butter knife but, that’d be better than they deserved.

  13. sinn fein says:

    Some day, all of you Liberal Geniuses will learn (probably too late) that your Peace, Love and Understanding approach to criminal justice is a pathetic joke that the barbarian perpetrators just LAUGH AT…as they rape, kill and pillage you and your families for fun and profit.

    Good Luck with your compassionate criminal justice reforms there, folks.

  14. green says:

    #14 – you reap what you sow. So keep advocating violence and guaranteeing you’ll never be from free it.

  15. gmknobl says:

    The Death Penalty is cruel and unusual punishment for any crime. Only people mired in the outmoded and violent way of an eye for an eye think this is right.

  16. Dallas says:

    #14 Off with your head for attempting to “reform” the Constitution.

  17. WmDE says:

    Noam

    There are people out there that need to be killed.

    It is called natural selection.

    Select them out.

    When you are at the top of the food chain you have to do it yourself.

  18. Dr Dodd says:

    #16 gmknobl

    Many consider the brutal rape of a child to be cruel and unusual. How interesting that your liberal sensibilities chooses to protect evil over the innocent.

  19. mikey says:

    Making child rape a capital offense would lead to great difficuly in prosecuting the offense and would lead to many more injustices in the system.

  20. J says:

    # 3 Dr Dodd & # 14 sinn fein

    You pathetic morons. You think we still live in the middle ages.

    In all your “I MUST HAVE VENGEANCE” stupidity you seem to have forgotten…….If a child rapist is already eligible for the death penalty what is to keep them from killing the child after they rape them?

  21. Ascii King says:

    Ummm…if two thirteen year olds have sex with each other, aren’t they both child rapists in your country?

  22. Hawkeye666 says:

    It never ceases to amaze me how many people somehow think that revenge and justice are synonymous.

    And I will disagree with the ignorant, “If it happened to your kids” argument. I am a survivor of childhood rape and I vehemently do NOT support the death penalty for the crime. Regardless of the scares I will always carry because of what happened to me; regardless of the hate I will always feel for the person that did that to me; beyond all other considerations, the punishment does not fit the crime.

    But unlike some respondents to this issue, I am a civilized human being who has evolved beyond the need to express an emotional reaction in violence.

  23. Named says:

    21,

    You win! Thread over!

  24. Dallas says:

    #20 Well said. Thank goodness our founding fathers created the Supreme Court to protect the Constitution.
    It still works – barely.

  25. Marc Perkel says:

    Yes when you think about the brutal rape of an 8 year old it’s terrible. But what is the legal definition of a “child rapist”? For example, an 18 year old black male has sex with a 15 year old white girl in the south and she lied about her age. Technically she’s a child. But they could convict him on child rape and give him the death penalty.

    So I think they made the right decision by limiting death penalty to murder cases.

  26. Almond Sense says:

    It’s impossible to discuss this without a definition of terms. Rape of a child, yes CERTAINLY the death penalty.

    However, *statutory* rape of a minor, for example if a 21 year old has a 15 year old girlfriend, that of course should not incur a strong punishment. Punishment yes, but a less severe one.

  27. Dr Dodd says:

    #24 Marc Perkel

    Took longer than I expected, but what good liberal discussion can survive without tossing race into it. How enlightened of you to create a scenario of a black man raping a white girl.

    Well done Marc, you win the booby prize.

  28. The Monster's Lawyer says:

    I understand that the decision was largely based on the high percentage of persons that have been wrongly convicted of capital murder. Some have been released recently, a few have surely been executed and a lot are still in prison. While I personally feel that habitual child rapists are best put down, care should be taken to ensure guilt or innocence. There has been examples of this level of surety in the news recently and those slam dunks should be prosecuted under the death penalty constraints.

  29. Noel says:

    Holy Crap!

    What is up with all these blood thirty comments? How can anyone even consider the death penalty, when there is anything less than absolute certainty as to the person’s guilt. And what great thing exactly is anyone that they are entitled to kill someone, this applies to both murders and judges.

    The only countries that carry out more executions than the US are: China, Saudi Arabia, Pakistan and Iran. You are in good company.

    Your country is terrifying.

  30. One overlooked item: when is the last time you have heard of even close to any punishment, never mind death penalty for female perpetrator? Despite of proven propensity to repeat the crime… I suspect some will claim that boys would welcome it? Well, than what happens with male -to-male child rapist? Suddenly boys are not welcoming it?
    My solution: default life in prison for such offenders regardless of the sex of the attacker or the victim as even when caught/convicted they repeatedly do it again. Only requirement: victim less than 18 attacker older than 18, no consent or ignorance loopholes.


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