Rape of a Child Merits Death

[Lockguy3000]

Justices to Decide if Rape of a Child Merits Death

The Supreme Court agreed on Friday to decide whether the Constitution allows the death penalty for the rape of a child.

The new case, from Louisiana, is likely to be argued in April, meaning that during the course of its current term, the Supreme Court will be examining both the most common method of execution and a categorical question about which crimes are appropriate for the death penalty.

No one has been executed in the United States for a crime other than murder since 1964. Of some 3,300 inmates of death row today, only one is facing execution for an offense that did not involve a killing. He is Patrick Kennedy, the Louisiana inmate whose appeal the justices agreed to hear. Mr. Kennedy was convicted and sentenced to death in 2004 for raping his 8-year-old stepdaughter.

http://www.nytimes.com/2008/01/05/washington/05scotus.html?_r=1&hp&oref=slogin

 

[Dale]

Before the Supreme Court threw out the death penalty in the 1970's, and then reinstated it with severe restrictions attached, some states had the death penalty for other crimes.

Some states had the death penalty available for forcible rape, and a Federal Statute provided the death penalty for some cases of kidnapping.

I certainly don't believe that the Supreme Court had any business getting involved with rewriting the law on the death penalty. Nothing in the Constitution gives the Supreme Court the power to set the maximum penalty for any crime.

 

[horuhe00]

I'm against the death penalty anyway so I'm not in favor of this.

 

[simplicity]

It's better to be generally opposed to things like the death penalty. It simplifies life. I leave the specifics to the jury. Rape, murder, mutilation, abandonment, neglect, starvation of an infant or child are all bad crimes. How many infants have died in Iraq because of the war, I wonder.

 

[Nienor]

If I agreed with the death penalty, I'd probably support this. But I don't support it...

 

[uberd00b]

If I agreed with the death penalty, I'd probably support this. But I don't support it...

Same here, I can't support people being put to death, but crimes like this certainly make the blood boil.

 

[Polycarp1]

I certainly don't believe that the Supreme Court had any business getting involved with rewriting the law on the death penalty. Nothing in the Constitution gives the Supreme Court the power to set the maximum penalty for any crime.

I appreciate the factual information of your first two paragraphs, and certainly don't want to disagree with anyone's position posted so far.

However, I do have to raise an objection to what you said in the last paragraph (quoted above), Dale. First, most Supreme Court cases don't involve the Constitution; they're ones on construing exactly what Congress meant in a given statute law. It is, of course, the ones based in the Constitution that are newsworthy and therefore that we hear about. And the job of the Supreme Court is to rule in accordance with "the law of the land" -- meaning, not whatever Congress has taken it into their head to pass at some given time, but the entire complex of statute laws, treaties, Executive Orders, agency regulations, etc., that make up "the law' taken as a whole. And of course, primary in that is the Constitution, the "supreme law of the land." Now, look at the Eighth Amendment. That gives the courts the power to establish a maximum penalty for any crime -- it has to be one that is not "cruel and unusual" and, if a fine, it cannot be excessive. That very broad language gives the courts latitude in determining whether a given punishment is proportionate to the crime. A year in jail for speeding 20 miles over the limit is excessive for that crime, even though it's a mild punishment for assault with a deadly weapon or robbery. Maiming is deemed cruel for any crime. Execution for, say, burglary would be considered excessive. Is the death penalty appropriate for crimes other than murder? Or is it "cruel and unusual"? It's a constitutional question -- and so it's up to the Supreme Court to decide.

 

[Judy02]

Same here, I can't support people being put to death, but crimes like this certainly make the blood boil.

Ditto. America haven't used the DP apart from murder since the 60s...even better, the UK haven't used the DP since the 60s full stop. I wouldn't want to be held accountable as to why I was so sure these people's lives should come to an end.

The DP covers up the problem, it doesn't solve it. Otherwise DP countries would have lower murder rates, which simply isn't the case.

 

[SeraphymCrashing]

I can't imagine how anyone can even attempt to think about a crime like this calmly rationally.

Its one of the reasons I'm against the death penalty. Because when you have it, its hard not to want to use it in truly disturbing cases.

Better to not even have it as an option.

 

[CRAZY_CAT_WOMAN]

I think the death penalty should be used on those that rape a child or anyone for that mater.But it would be okay to me if they have to spend the rest of the life in prison too.As long as they cant ever get out and hurt someone else.

 

[Ave Maria]

Although child molestation and raping of a child is a horrendous crime, I cannot support the death penalty for it or any other crime. I am against the death penalty in all cases except for the extremely rare case when it is the absolute only way to protect society from a violent criminal. This would only be the case in 3rd world countries that don't have an adequate prison system.

 

[CRAZY_CAT_WOMAN]

I am against the death penalty in all cases except for the extremely rare case when it is the absolute only way to protect society from a violent criminal.

The problem with that is that they could be out way to soon because of parole.Then they get back into society and do the same thing all over again.Some end up killing there victim,Like Jessica Marie Lunsford and Polly Klaas.

 

[horuhe00]

... This would only be the case in 3rd world countries that don't have an adequate prison system.

You were doing so good until this last part... Things like that is what the rest of us think of Generic Americans.

 

[Caitlin.ann]

I'm in favor of this actually.

 

[serephim02]

Don't need the death penalty. Know why? Cause men who rape kids are often killed in prison. Sure its not good but they are on the high end of the list of being killed and or raped in prison.

 

[praying]

I am with the poster who stated it is simply too hard to think about these types of crimes rationally. I am against the death penalty but crimes of this nature bring out the "killer" emotionally in all of us.

 

[.Sabre.]

I am with the poster who stated it is simply too hard to think about these types of crimes rationally. I am against the death penalty but crimes of this nature bring out the "killer" emotionally in all of us.

I agree with that.


I think that rapists and murderers should never be released back into society, though.

 

[CGL]

I love children, so I too love this.

 

[Rain27]

I don't support the death penalty, but I think I'd be in favor of castration in the case of child rape (in addition to a long prison sentence, of course). Make the punishment fit the crime.

 

[Chajara]

I don't agree with the death penalty, but I don't agree with life in prison either. What use are they if they're rotting in prison getting fed? Forget that. Make them pay back to society what they took by committing their crime somehow. Hard labor comes to mind and is fine with me, so long as it somehow benefits society.