By SN
Thursday June 26, 2008
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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.
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“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.
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Is the death penalty too cruel for child rapists?
-No
#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.
#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.
#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
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.
#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!
#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.
#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.
#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.
To think that one of the things Tocqueville admired about America was that they had a death penalty for rape.
#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?
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.
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_
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.
#54 – You are correct. He would have to against gay marriage.
I can’t think of a better reason to execute someone.
#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.