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graphic Court rejects death penalty for raping children... graphic
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Sciler
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PostPosted: Wed Jun 25, 2008 12:55 pm    Post subject: Court rejects death penalty for raping children...

Quote:
Court rejects death penalty for raping children
By MARK SHERMAN | Associated Press Writer
12:10 PM EDT, June 25, 2008

WASHINGTON - The Supreme Court on Wednesday outlawed executions of people convicted of raping a child.

In a 5-4 vote, the court said the Louisiana law allowing the death penalty to be imposed in such cases 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.

Patrick Kennedy, 43, was sentenced to death for the rape of his 8-year-old stepdaughter in Louisiana. He is one of two people in the United States, both in Louisiana, who have been condemned to death for a rape that was not also accompanied by a killing.

The Supreme Court banned executions for rape in 1977 in a case in which the victim was an adult woman.

Forty-five states ban the death penalty for any kind of rape, and the other five states allow it for child rapists. Montana, Oklahoma, South Carolina and Texas allow executions in such cases if the defendant had previously been convicted of raping a child.

The court struggled over how to apply standards laid out in decisions barring executions for the mentally retarded and people younger than 18 when they committed murder. In those cases, the court cited trends in the states away from capital punishment.

In this case, proponents of the Louisiana law said the trend was toward the death penalty, a point mentioned by Justice Samuel Alito in his dissent.

"The harm that is caused to the victims and to society at large by the worst child rapists is grave," Alito wrote. "It is the judgment of the Louisiana lawmakers and those in an increasing number of other states that these harms justify the death penalty."

But Kennedy said the absence of any executions for rape and the small number of states that allow it demonstrate "there is a national consensus against capital punishment for the crime of child rape."

Kennedy also acknowledged that the decision had to come to terms with "the years of long anguish that must be endured by the victim of child rape."

Still, Kennedy concluded that in cases of crimes against individuals -- as opposed to treason, for example -- "the death penalty should not be expanded to instances where the victim's life was not taken."

The decision does not affect the imposition of the death penalty for other crimes that do not involve murder, including treason and espionage, he said.

"It looks like a smashing victory on all fronts for us," said Denise LeBoeuf, a longtime capital defense attorney from New Orleans.

The girl's mother said, "We don't talk about that" and hung up.

The author of the Louisiana law, former Republican state Rep. Pete Schneider, said even opponents of the death penalty told him they would kill anyone who raped their children. "When are you going to have the courage to stand up for what's right for all of the people -- but especially the children under 12 that have been brutally raped by monsters?" Schneider said, directing his comments to the justices in Wednesday's majority.

The last executions for crimes other than murder took place in 1964, according to a database maintained by the Death Penalty Information Center.

Ronald Wolfe, 34, died in Missouri's gas chamber on May 8, 1964 for rape. James Coburn was electrocuted in Alabama on Sept. 4 of that year for robbery.

Patrick Kennedy was convicted in 2003 of raping his stepdaughter at their home in Harvey, La., outside New Orleans. The girl initially told police she was sorting Girl Scout cookies in the garage when two boys assaulted her.

Police arrested Kennedy a couple of weeks after the March 1998 rape, but more than 20 months passed before the girl identified him as her attacker.

His defense attorney at the time argued that blood testing was inconclusive and that the victim was pressured to change her story.

The Louisiana Supreme Court upheld the sentence, saying that "short of first-degree murder, we can think of no other non-homicide crime more deserving" of the death penalty. State Chief Justice Pascal Calogero noted in dissent that the U.S. high court already had made clear that capital punishment could not be imposed without the death of the victim, except possibly for espionage or treason.

A second Louisiana man, Richard Davis was sentenced to death in December for repeatedly raping a 5-year-old girl in Caddo Parish, which includes Shreveport. Local prosecutor Lea Hall told jurors: "Execute this man. Justice has a sword and this sword needs to swing today."

The high court's decision leaves intact Kennedy's conviction, but will lead to a new sentence.

The case is Kennedy v. Louisiana, 07-343.




Hmm, this makes me sick. In all honesty, my personal opinion, why would I want someone to live who has done something so horrible and was convicted by PROOF that it was indeed done. Meh, I'm just pretty shocked by this actually...

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Blackmage
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PostPosted: Wed Jun 25, 2008 5:16 pm    Post subject:

Our Justice system is far to lienent these days.

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Silver Adept
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PostPosted: Wed Jun 25, 2008 10:49 pm    Post subject:

Not to defend a child rapist's actions, but execution for crime is something that requires serious thinking and decision-making about. Is it really appropriate to make child rape a capital crime? Would a long jail term or life imprisonment exact sufficient justice for the act, even though it may take the child a long time to recover from the act? I think the justices are tempering the immediate reaction with further thought, and deciding that in terms of justice served, child rapists don't always deserve to die.

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Sciler
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PostPosted: Thu Jun 26, 2008 7:52 am    Post subject:

My opinion, if someone is convicted, especially when there was no denying an act happened, be it pleading guilty or by shear proof...then I could care less that they live.

WHY clutter up and waste OUR tax dollars on someone who rapes anyone, but especially children. People can make mistakes, but raping someone, especially a child (which they define child as being under the age of 12) then that takes a pretty definite decision to do. A child is not attractive, a child is not a sexual being. Anything sexual should not be in the same sentance as a child.

Explain to me, why exactly do they deserve to live? I'm not so stuck in my opinion as to not hear other sides opinions, I'm willing to be open minded enough to give someone a chance to change my mind...but I just cant comprehend why they deserve life.

We have too many sick minded people out there already, do we really need to keep people like this safe? I mean, its extremely rare for an abuser/rapist to make it a one time act. Given the chance, most will do it again. Why leave that option open? Anyone who has not been abused or raped does not comprehend the LIFE LONG issues it gives that person. Innocence and trust is taken away, makes relationships that much harder, and many turn to drugs or suicide to try to get away from the memories. So, its ok for the victim to commit suicide due to shame or the inability to forget and move on, but the rapist can just live in a jail where they get treated better than they would on the streets.

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Daijaga
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PostPosted: Thu Jun 26, 2008 8:50 am    Post subject:

I would be more in favor of putting violent and hanes criminals in jail if jail were a supportive and character building place that could rehabilitate inmates into productive citizens.

But it doesn't, Jail ruins men. Take a screwed up persona nd surround them with nothing but other screwed up people and you have a recepie for negativity that is nearly impossible to spiral out of.

Child rapists. No. ALL Rapists should be put down. There is no room in our society for persons who succumb to base drives and hurt and destroy others to satiate a passing sexual urge.

Forget the money or the space or what not - society is not bettered by this person and is unlikly to accomplish anything to make up for the event. These people degrade humnanity as a whole.

In some ways a rapist (or murderer) is an exemplar of failure. I have urges, thoughts, and feelings, but I can deal with my pain and troubles. I can sever ties with someone I dislike, I can deal with sexual urges in other ways, I can restrain and temper myself, but a rapist has forgon those options and decided to hurt someone else for something they want. A potential criminal might think differently if they knew the punishment for their crime was sure death.
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PostPosted: Thu Jun 26, 2008 9:09 am    Post subject:

I don't know how true this is, but I've heard on several occasions that other prisoners do not take kindly to someone who was put in jail for doing something to a child. If that's the case, then I don't feel SO bad for the denial of the death penalty in these circumstances. A lifetime of "prison torment" may be even worse than death.

But I agree with Blackmage...our justice system is too lenient. Although, it only seems that way in situations where a more harsh form of justice is appropriate. I don't agree that the IRS/government should ruin your life if you don't pay your taxes, but that's what happens.

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RivaOni
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PostPosted: Thu Jun 26, 2008 10:57 am    Post subject:

Blackmage wrote:
Our Justice system is far to lienent these days.


You think its bad your side of the pond? They get stupidly short sentences over here (I think they can be released within 7 years or something stupid like that) and there's far too many stories about child abusers being released into area's that are highly populated by children (such as housing estates that are literally on the doorsteps of schools) for most people in the U.K. to feel comfortable.

However, I do think that the press' recent scaremongering is blown out of proportion, if they were to be believed, every man in this country is a child abuser and every young boy is gonna grow up to be one (they haven't said that, but they may as well do), when I'd wager the numbers of people abusing children are roughly the same as they were, they're just easier to catch now because of a stricter child protection system and the "big brother" style surveillance people seem to be permanently under these days.

I'm in two minds regarding punishment of these types, one half says that they should be put to death to reduce the risk of another child being harmed, sexually, physically or mentally, but I also think they should be left to rot in prison. Those who sexually abuse a child I feel pity for, its a sexual perversion, in the same respect as someone liking older women for example, but its a sexual perversion that they, somehow, need to learn to control and push to the back of their minds.

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PostPosted: Thu Jun 26, 2008 3:28 pm    Post subject:

There are also a lot of cases where a child rapist was abused in the same way. There is a time for psychological analysis and it's always a sticky situation but the weight of the punishment to the crime will always be called in question.

Some child rapists are truly sick people who were mentally stunted at the time of their own rape and believe that they aren't an adult and it blurs those lines of reality and morality. Some child rapists are absolutely disgusting pieces of filth who are fully aware of what they are doing and are just feeding a perversion.

Thing is, there isn't always a cookie explanation for this crime. No template everyone signs up for so in turn the punishment isn't a blanket cure either. Let's just hope our system wises up to the fact the victim will need help and attention and constant at that. Not all children who are raped will become rapists and not all rapists were raped themselves.

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Sciler
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PostPosted: Thu Jun 26, 2008 4:02 pm    Post subject:

Thats exactly my worry, the help that victims can get ISNT that great unfortunately, at least not if you dont have the money to afford it... =\

I got help, but it was only for a short period, but thank GOD for me, I have amazing friends and family...90% arent so lucky. I'm on a support board for victims/survivors, and the stories that I hear jsut break my heart.

Most of us just feel like we get a temporary quick councelling then just get tossed aside. Its pretty sad and quite upsetting. Sad

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SirGunslinger
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PostPosted: Fri Jun 27, 2008 10:30 am    Post subject:

I tend to favor life imprisonment over the death penalty for crimes simply for the fact that the court systems is not infalliable. There have been documented cases of mistakes being made, and the convicted being cleared of charges 20 years after the fact.

In many ways life imprisonment without parole can be far worse than death. Particually if you either wind up in solitary confinement, or depending on the crime, integrated with the general prison population. Also it is cheaper to keep an inmate in prison for life than it is to kill him when you take the appeals process into account.

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