Supreme Court Rejects Death Penalty for Child Rape

Oct 30, 2006
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In a stunning decision, the Supremes decided against allowing the death penalty for convicted child rapists. ''The death penalty is not a proportional punishment for the rape of a child,'' Justice Anthony Kennedy wrote in his majority opinion. The Majority also noted that there is a "national consensus" that the death penalty is never acceptable for the rape of a child. I disagree! I also disagree with the majority's cruel and unusual punishment analysis.
 
In a stunning decision, the Supremes decided against allowing the death penalty for convicted child rapists. ''The death penalty is not a proportional punishment for the rape of a child,'' Justice Anthony Kennedy wrote in his majority opinion. The Majority also noted that there is a "national consensus" that the death penalty is never acceptable for the rape of a child. I disagree! I also disagree with the majority's cruel and unusual punishment analysis.


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Lily,

A question.

How do you feel inside, when you watch your TV, and see/hear that DNA has saved some poor bastard from DEATH(meaning that the guy INCARCERATED for 25-30 years was proven beyong ANY DOUBT that he did NOT do it)

Now the Conservatives want to add Rape(of a child) to the mix.

You know as well as I, that rape is a VERY "hot button" issue, and whether we like it..or not,....rape is not Murder.

I could have just Imagined the scenario in say...Texas.

Jack and Jane(both aged "15") decided to "experiment"(Willingly)
Janes parents, unable to deal with the fact that their little girl is now.."without fruit", pressure her into saying Jack Forced himself on her.

Both of them although Willing, are BOTH considered Children/MINORS.


And, OH did I mention that Jane is WHITE, and Jack is BLACK.

???????
 
In a stunning decision, the Supremes decided against allowing the death penalty for convicted child rapists. ''The death penalty is not a proportional punishment for the rape of a child,'' Justice Anthony Kennedy wrote in his majority opinion. The Majority also noted that there is a "national consensus" that the death penalty is never acceptable for the rape of a child. I disagree! I also disagree with the majority's cruel and unusual punishment analysis.

"national consensus" !?! What national consensus? Like me, the vast majority of my friends would personnally kill a child rapist if they ever got their hands of them.
 
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Lily,

A question.

How do you feel inside, when you watch your TV, and see/hear that DNA has saved some poor bastard from DEATH(meaning that the guy INCARCERATED for 25-30 years was proven beyong ANY DOUBT that he did NOT do it)

Now the Conservatives want to add Rape(of a child) to the mix.

You know as well as I, that rape is a VERY "hot button" issue, and whether we like it..or not,....rape is not Murder.

I could have just Imagined the scenario in say...Texas.

Jack and Jane(both aged "15") decided to "experiment"(Willingly)
Janes parents, unable to deal with the fact that their little girl is now.."without fruit", pressure her into saying Jack Forced himself on her.

Both of them although Willing, are BOTH considered Children/MINORS.


And, OH did I mention that Jane is WHITE, and Jack is BLACK.

???????

Bears, look up Texas Penal Code Section 22.011(e).
 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Lily,

A question.

How do you feel inside, when you watch your TV, and see/hear that DNA has saved some poor bastard from DEATH(meaning that the guy INCARCERATED for 25-30 years was proven beyong ANY DOUBT that he did NOT do it)

Now the Conservatives want to add Rape(of a child) to the mix.

You know as well as I, that rape is a VERY "hot button" issue, and whether we like it..or not,....rape is not Murder.

I could have just Imagined the scenario in say...Texas.

Jack and Jane(both aged "15") decided to "experiment"(Willingly)
Janes parents, unable to deal with the fact that their little girl is now.."without fruit", pressure her into saying Jack Forced himself on her.

Both of them although Willing, are BOTH considered Children/MINORS.


And, OH did I mention that Jane is WHITE, and Jack is BLACK.

???????

I would feel great that someone found the problem in time before an execution, but saddened that the wrongly convivted person had to suffer through such a horrible mess. Let's fix that problem. I am all for fixing the problems in the justice system. Illinois has had that problem and has been working on it. They place a moratorium on the death penalty until the problems are fixed. I even agree with limited moratoriums until major problems are fixed.

This is a completely different scenario than that problem, and quite different from your story above. Please do not confuse my statements with advocating the death penalty for every rape. Completely different. The majority categorically prohibits the imposition of the death penalty for the crime of raping a child. It doesn't matter how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime, no matter how much physical or psychological trauma is inflicted, and no matter how heinous the perpetrator’s prior criminal record may be. In other words, a perp can rape 27 children -- both boy and girl -- all under the age of 7. The perp can commit this heinous crime on each child three times, doing severe bodily damage and untold mental anguish. Yet, this decision categorically prohibits the penalty of death because the child rapist was lucky enough that one of those 27 children didn't die from the traumatic event. The States should be able to determine whether the death penalty should be available for this crime.

To your point about DNA exonerating convicts. That usually deals with Capital Murder cases. This is often different, as child rapists often leave DNA with their victims.
 
"national consensus" !?! What national consensus? Like me, the vast majority of my friends would personnally kill a child rapist if they ever got their hands of them.


Are you in charge of the national consensus? I just need to know who to send my views on various issues too. I want to make sure my voice counts.
 
I guess there's two ways to look at this. Yes executing one of these monsters would not bother most people. However if they are put in with the general prison population for the rest of their lives they would be wishing for death rather quickly
 
I guess there's two ways to look at this. Yes executing one of these monsters would not bother most people. However if they are put in with the general prison population for the rest of their lives they would be wishing for death rather quickly

If they were placed in general prison population, they would soon be dead.
There are very few crimes that other prisoners will say anything about, but someone convicted of hurting a child must be kept separate from the general population. Unlike liberals, the other convicts will not tolerate anyone who has hurt a child.
 
If they were placed in general prison population, they would soon be dead.
There are very few crimes that other prisoners will say anything about, but someone convicted of hurting a child must be kept separate from the general population. Unlike liberals, the other convicts will not tolerate anyone who has hurt a child.


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I personally DON'T know of too many Liberals who wish to hurt a child, but it's REAL GOOD to know that the Conservatives have a steady hand, being this country's COP !!!!!!!!!!

Speaking of Conservatives, I find 90% of the ones I know,......ABSOLUTELY DREADING Nov 04, 2008.

(I wonder WHY that is) ??

THANKS LOADS...............................EL-CHIMPO :blink:
 
I personally DON'T know of too many Liberals who wish to hurt a child, but it's REAL GOOD to know that the Conservatives have a steady hand, being this country's COP !!!!!!!!!!
Um,, maybe you should re-read what you are commenting on, or have your glasses checked.
I said liberals will tolerate child molesters. (In some cases, liberals will even excuse child molesters.) If convicted and placed into the general prison population, the other convicts will not be so,, charitable.
 
Are you in charge of the national consensus? I just need to know who to send my views on various issues too. I want to make sure my voice counts.

When you find out who is in charge of the “national consensusâ€￾, make sure to pass it on to Obama and McCain. They want their voices heard as well.

“Republican John McCain called the ruling "an assault on law enforcement's efforts to punish these heinous felons for the most despicable crime." Democrat Barack Obama said there should be no blanket prohibition of the death penalty for the rape of children if states want to apply it in those cases.â€￾

http://www.cnn.com/2008/CRIME/06/26/scotus...e.ap/index.html
 
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Speaking of Conservatives, I find 90% of the ones I know,......ABSOLUTELY DREADING Nov 04, 2008.

(I wonder WHY that is) ??

THANKS LOADS...............................EL-CHIMPO :blink:

You know.....actually....the other side will run it into the ground for the next four or eight years and the GOP will come back....like a perpetual motion device.
 
I said liberals will tolerate child molesters. (In some cases, liberals will even excuse child molesters.)

You know this because of what data or source?

Should I assume you are an expert on constitutional law? I am not, but I did read the decision. I thought that is what this thread was about. I did not agree with it, but as a student of law, I can see how they came to their decision.

When Kennedy referred to the "national consensus" [2. A review of the authorities informed by contemporary norms, including the history of the death penalty for this and other nonhomicide crimes, current state statutes and new enactments, and the number of executions since 1964, demonstrates a national consensus against capital punishment for the crime of child rape. Pp. 11–23.] (http://www.law.cornell.edu/supct/html/07-343.ZS.html) he was referring to this:

[There are measures of consensus other than legislation. Statistics about the number of executions may inform the consideration whether capital punishment for the crime of child rape is regarded as unacceptable in our society. See, e.g., id., at 794–795; Roper, supra, at 564–565; Atkins, supra, at 316; Cf. Coker, 433 U. S., at 596–597 (plurality opinion). These statistics confirm our determination from our review of state statutes that there is a social consensus against the death penalty for the crime of child rape.

Nine States—Florida, Georgia, Louisiana, Mississippi, Montana, Oklahoma, South Carolina, Tennessee, and Texas—have permitted capital punishment for adult or child rape for some length of time between the Court’s 1972 decision in Furman and today. See supra, at 12; Coker, supra, at 595 (plurality opinion). Yet no individual has been executed for the rape of an adult or child since 1964, and no execution for any other nonhomicide offense has been conducted since 1963. See Historical Statistics of the United States, at 5–262 to 5–263 (Table Ec343–357). Cf. Thompson v. Oklahoma, 487 U. S. 815, 852–853 (1988) (O’Connor, J., concurring in judgment) (that “four decades have gone by since the last execution of a defendant who was younger than 16 at the time of the offense … support the inference of a national consensus opposing the death penalty for 15-year-oldsâ€).

Louisiana is the only State since 1964 that has sentenced an individual to death for the crime of child rape; and petitioner and Richard Davis, who was convicted and sentenced to death for the aggravated rape of a 5-year-old child by a Louisiana jury in December 2007, see State v. Davis, Case No. 262,971 (1st Jud. Dist., Caddo Parish, La.) (cited in Brief for Respondent 42, and n. 38), are the only two individuals now on death row in the United States for a nonhomicide offense.

After reviewing the authorities informed by contemporary norms, including the history of the death penalty for this and other nonhomicide crimes, current state statutes and new enactments, and the number of executions since 1964, we conclude there is a national consensus against capital punishment for the crime of child rape.](http://www.law.cornell.edu/supct/html/07-343.ZO.html)

I do not agree with the decision. But that may be because I fall into the category that Kennedy defined when writing the majority opinion. I think retribution is in order, but the majority ruled it is not consistent with the constitutional rule of cruel and unusual punishment.

[the goal of retribution, which reflects society’s and the victim’s interests in seeing that the offender is repaid for the hurt he caused, see Atkins, 536 U. S., at 319; Furman, supra, at 308 (Stewart, J., concurring), does not justify the harshness of the death penalty here. In measuring retribution, as well as other objectives of criminal law, it is appropriate to distinguish between a particularly depraved murder that merits death as a form of retribution and the crime of child rape. See Part IV–A, supra; Coker, supra, at 597–598 (plurality opinion).] (http://www.law.cornell.edu/supct/html/07-343.ZO.html)

I await justification to your statement:

"I said liberals will tolerate child molesters. (In some cases, liberals will even excuse child molesters.)"
 
You know this because of what data or source?
...
I await justification to your statement:

"I said liberals will tolerate child molesters. (In some cases, liberals will even excuse child molesters.)"
Touch a nerve? Hit a little too close to home?
First thing, try to take it in context. If you can’t do that, then just take a look around.

The ACLU supports and defends NAMBLA.
Liberal judges pass sentences on convicted rapists like:
- 60 days for the rape of a 6 year old girl.
- Four months for the rape of a 10 year old girl.
- 20 months plus time served for a father who videotaped himself raping his own 4 year old daughter.
- Time served for the rape of a thirteen-year-old deaf boy because the child “probably consented.â€￾
- 6 of 9 released for the gang rape of a 10-year-old girl. Three (ages 17 to 26) are given suspended sentences and released.
- After pleading guilty to child rape, a Middlebury, Massachusetts man is released.
- etc.

Your turn:
Defend these judges (and others like them) and their continued status..
Defend the ACLU's position on NAMBLA and the rape of young boys
 

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