Supreme Court rejects death penalty for raping children

[JimmyConway]

Court rejects death penalty for raping children

Ruling states execution would violate ban on cruel and unusual

punishment

http://www.msnbc.msn.com/id/25367455/

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.

'National consensus against'

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.

Louisiana case

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.

[ACW]

First off, I'm glad...not because I support raping children, but because I oppose the death penalty. I love this quote from the LA Supreme Court:

"short of first-degree murder, we can think of no other non-homicide crime more deserving" of the death penalty

Um, doesn't it seem like they're TRYING to find a non-homicide crime worthy of the death penalty? Bloodthirsty, no?

EDIT: Also, SCOTUS slashed the $5 billion in punitive damages for Exxon Valdez to $500 million. Only one big case left: the DC guns case.

[Guest sith lord]

I might be in the minority, but I think the only crime that "possibly" warrents death is murder.

[DGreenistheBest]

I'm opposed to the death penalty as well, although if there's one group of people I'm tempted to look the other way on, its child rapers.

[woolley83]

Might as well have titled this thred "Death Penalty debate"

[Vicious]

Why would you murder a child rapist? A child rapist in prison is living in pure hell.

[ACW]

Also this from the decision (thanks to a commentator at reason.com/blog):

y in effect making the punishment for child rape and murder equivalent, a State that punishes child rape by death may remove a strong incentive for the rapist not to kill the victim. Assuming the offender behaves in a rational way, as one must to justify the penalty on grounds of deterrence, the penalty in some respects gives less protection, not more, to the victim, who is often the sole witness to the crime. It might be argued that, even if the death penalty results in a marginal increase in the incentive to kill, this is counterbalanced by a marginally increased deterrent to commit the crime at all. Whatever balance the legislature strikes, however, uncertainty on the point makes the argument for the penalty less compelling than for homicide crimes.

[Guest sith lord]

Why would you murder a child rapist? A child rapist in prison is living in pure hell.

Not anymore because they're seperated from the general population.

[JimmyConway]

Why would you murder a child rapist? A child rapist in prison is living in pure hell.

It's true. This is one of the reasons why I'm ok with the high court's decision.

[TimmySmith]

Not anymore because they're seperated from the general population.

You know this how? I am not a proponent of the death penalty, but if Jeffrey Dahmer found his way into the GP it would seem that a child rapist could find their way there.

[NavyDave]

Not surprising.

Liberals had to be shamed into passing Jessica's law in most of the states while places like Mass and NJ are defiant and will side with defense lawyers.

Maybe you guys happy that childrape isnt a death penalty need to see the horrific video that was/is on Emule and kazaa falsely titled Family guy. The child couldn't be more than 2 or 3 yrs old and yes she was screaming. And yeah I reported it to the authorities.

Hmm all four liberals shot it down. The same ones who believe that terorists should be read miranda rights by soldiers on the battle field.

[DGreenistheBest]

You know this how? I am not a proponent of the death penalty, but if Jeffrey Dahmer found his way into the GP it would seem that a child rapist could find their way there.

No, I'm pretty sure he's right and the rules have changed since (or possibly in part because of) Dahmer. Prisoners at high risk of getting their asses handed to them are kept seperate in most facilities.

[SkinsOrlando]

Theres no reason to keep em alive, they need executed.

[Guest sith lord]

You know this how? I am not a proponent of the death penalty, but if Jeffrey Dahmer found his way into the GP it would seem that a child rapist could find their way there.

Because I've heard it on numerous occassions. Dahmer was a sick basterd, but he killed adults, not children and remember, Dahmer was in the early 90's.

[Hooper]

Maybe you guys happy that childrape isnt a death penalty need to see the horrific video that was/is on Emule and kazaa falsely titled Family guy. The child couldn't be more than 2 or 3 yrs old and yes she was screaming. And yeah I reported it to the authorities.

Just stumbled on that video, huh? Right.

I kid, I kid.

[ACW]

Hmm all four liberals shot it down. The same ones who believe that terorists should be read miranda rights by soldiers on the battle field.

:rolleyes:

Kennedy's a moderate conservative BTW.

[Fred Jones]

Kill em. If they commit a crime worthy of the death penalty then death it will be.

Raping a child is a difficult one. They provide good points to not make it capital punishment. I guess I will refrain from voting on the matter.

I think people should get a fair chance to appeal a death penalty conviction. Just not an extended one.

The only point against the death penalty that is difficult to argue against is the simple point that the court might have convicted the wrong person. Hang the rest.

[Kosher Ham]

I read this thread and ...baffled. I think that is almost all I have.

Rape IMO, can/may be more vicious than murder in most instances.

But to make it children ? Come on, stop spending our money to keep rapists and child molesters alive.

[NavyDave]

:rolleyes:

Kennedy's a moderate conservative BTW.

No he's not. Well if moderate means leaning predominantly to the left the yeah ok.

[headexplode]

No he's not. Well if moderate means leaning predominantly to the left the yeah ok.

To be fair though, you're so far right that even Charles Krauthammer must seem left-leaning.

[NavyDave]

I might be in the minority, but I think the only crime that "possibly" warrents death is murder.

Easy to say until you experience a lil kid traumatized to the point that males can't be in the same room with them.

[gbear]

Sadly it seems to cost more to kill them with all the apeals than to keep them in preson for the rest of their lives.

I do kind of agree with the logic that making the rape a crime punishable by death removes any incentive for the rapists to keeep the child alive. I can't express my rage or my sorrow that rape is so prevallent. I've seen what it does to people short, medium, and long term. I've gone out with a baseball bat looking for the guy. I know the rage of having somebody close to me suffering...and I know how close she came to death. I'd hate to have anything tip the scales further toward the rapist possibly thinking "I may as well kill her. It will make it harder for them to get me, and if they get me I'm already gonna fry. They can't kill me twice."

:mad:

[G.A.C.O.L.B.]

Totally against the death penalty as well. You know, the whole Judeo-Christian values thing.

[NavyDave]

To be fair though, you're so far right that even Charles Krauthammer must seem left-leaning.

Yet liberals like you always think that the people are too stupid to make proper decisions and judges should not stick to interpreting law but write it when the law doesn't fit your agenda.

[Guest sith lord]

Easy to say until you experience a lil kid traumatized to the point that males can't be in the same room with them.

I hear what you're saying and I do understand your point.