The US Supreme Court struck down the death penalty for cases of child rape as unconstitutional today, continuing its tendency to narrow, rather than expand, capital punishment. The broad ruling held that the Eighth Amendment's ban on cruel and unusual punishment requires that the defendant killed, and intended to kill, the victim in order to trigger the death sentence. The Court left room for death in cases of treason, by discussing only crimes against individuals.
Justice Kennedy wrote the opinion, which sited the unfairness and inaccuracies of the death penalty as reasons to be cautious when expanding its application. He also brought up that the death sentence requires repeated and painful testimony from the child victim, writing: “The way the death penalty here involves the child victim in its enforcement can compromise a decent legal system."
To see what Justice Alito, writing for the conservative dissenters, wrote read more. Alito argued: "The harm that is caused to the victims and to society at large by the worst child rapists is grave. It is the judgment of the Louisiana lawmakers and those in an increasing number of other states that these harms justify the death penalty."
When the Court heard oral arguments on this issue a while back, you all weighed in on whether you think the death penalty for child rape constitutes cruel and unusual punishment. Now that the Supreme Court has decided, and you've seen their reasoning, do you agree that death is a disproportional punishment to the crime? Should children be protected from having to testify repeatedly through a long drawn-out death penalty trial and appeal process?









Nike
Fendi
Basile
I don't think a child would need to testify repeatedly. Men and women who abuse children (not teenagers, but children) sexually deserve to be taken out of society. IMO, they deserve the MOST painful death that can be thought of.
1I think that most of our gut reactions will be in agreement that anyone who violates a child in such a manor would deserve the ultimate penalty of death. This is precisely why our judicial system is not guided by our guts. The arrow of justice seeks out its target in the intent of the crime. If the intent is not to kill no matter how twisted the act the death penalty can not be applied.
2I've always been a supporter of pubic stoning for sex offenders that target children. Oh, to be in the 1700's. (i am exaggerating, but the point remains the same)
I do think cases like this are almost worse that if he killed her. That poor girl has to walk around with this crime her whole life, not dead but certainly severely damaged physically and mentally. A lethal injection is too good for people that target children.
3I agree with everyone else!
The people who
hurt/rape children is disgusting and deserve only the worst.
4hypno, That's so twisted though. Take the case of Robert Williams who was today convicted of attempted murder, rape, kidnapping, arson and other charges in an attack that was so prolonged and agonizing that the victim begged her tormentor to kill her and later tried to kill herself. I'll spare you the details but I haven't read anything this horrible in a long long time.
From the article on Foxnews - Williams, who was found guilty of all but two of 46 counts, was not in court to hear the verdict read. The judge said that when Williams was told a verdict had been reached, he simply turned over in his courthouse cell and went back to sleep.
"He didn't have any more reaction to that than he has had to anything else," said Williams' attorney Arnold Levine.
All this guy is facing is life in prison and he tortured this poor girl almost to death. And he doesn't give a rip because he's not going to die for it. He's going to live out the rest of his life in prison where he can complain about the food and get his own personalized menu. He deserves to die. Period.
Sorry to rant but I've been following this case and it has just really outraged me.
5I do understand the anguish piper23. I guess my point is that expanding the death penalty has too many peripheral dangers for our society. Historically the evidence that has sent people to their deaths in murder trails has sometimes missed its mark and sent the innocent to die instead. I also agree with Justice Kennedy’s point that the complexity of gathering presentable evidence from a child in this type of case does put an enormous burden on the victim because they are a child. Also the question of a fair trial would almost be worthless since as we all agree our gut reactions would have us send the assailant to their death. There are simply too many pit falls to even go there. We would have to dismantle our judicial system and redesign it to accommodate such an act.
6Very well-put, hypnotic.
But can we institute some kind of castration penalty for the offenders instead? (Only half joking here.)
7Good Lord Jude I haven't seen you in a harvests time.
8Yeah, I've been having a break
but when I found myself regularly visiting far
inferior websites for my news and gossip fixes, I realized I'd better get my butt back over here!
9Jude, I've long been in favor of castrating sex offenders.
If not the death penalty then what? Most of these sex offenders get put back on the street after few years in jail. I don't recall where I read it, but I have read that sex offenders are extremely likly to be repeat offenders. We can't afford to keep all of them in prison their entire lives. What is the answer?
10Those are some good points, kastarte2. And reintegrating sex offenders into society after they leave prison is always a prickly subject, and complicated, especially since communities just don't want them around, but the offenders must live somewhere.
I tend to be in favor of harsh punishments for sex offenders, particularly the ones who victimized children, and have no problems with any community's efforts to keep convicted child molesters out--but I do realize that, as hypnotic put it, I'm reacting with my gut.
11I agree kastarte2 there is something mental driving these individuals. Even after they have been chemically castrated and placed on surveillance or house arrest some have been caught parked in cars just watching children at a play ground and unfortunately some have reoffended. The best place for these individuals is in the hands of psychiatrists who can study them and hopefully yield some answers.
12I agree that sex crimes against children are incredibly heinous, but I don't believe that the government should have the right to kill people. A life sentence will keep them off the streets and prevent them from reoffending -- and kastarte, while i understand what you are saying, it is actually less expensive to keep someone in jail for life than to put them on death row and eventually execute them.
13I agree with hypnotic - additionally as much as my gut says the person should die, I also can see the argument of not wanting the child who was being abused to have to repeatedly testify. And I wouldn't have as much faith in our judicial system if someone was being sentenced to death without a few testimonies from eye witnesses - no matter how young that individual may be.
14I agree with hypnotic - additionally as much as my gut says the person should die, I also can see the argument of not wanting the child who was being abused to have to repeatedly testify. And I wouldn't have as much faith in our judicial system if someone was being sentenced to death without a few testimonies from eye witnesses - no matter how young that individual may be.
15Although I believe some crimes are unforgivable and some criminals incapable of rehabilitating, I actually am not in favor of the death penalty in general. I know that it is more costly to execute than to keep some one in jail for life, but the thing is, most of them are not getting life. They are getting out in less than a decade. What I was trying to say is that our current system is not working. Something has to change. So if the death penalty isn't the answer then what is? Hypno is right. These people need to be studied so we can learn more about why they do what they do, but in the mean time, what do we do?
I know I am having a gut reaction because I am so disgusted. And yes, I have been watching too many episodes of Law and Order: SVU on USA, but I think we can all agree that the current system isn't working.
16Nothing lenghty from me KILL THEM, if just one dies maybe it will stop someone else. Maybe!
17If the punishment must fit the crime, then I suggest we do the same "thing" to the criminal that they did to the victim, but with anatomical ratios to equal that between the man and the child...
18Here's an interesting twist: Barack Obama disagrees with the Supreme Court's prohibition of the death penalty in cases of child rape.
From AP:
Here here UnDave35 - an eye for an eye.
20UnDave and AmberHoney you would have us all walking around blind and toothless. In light of the article I don't blame you for your vigilante expletive outbursts but that brand of justice has no control we would surely suffer the consequence.
21Blind and toothless - and that's a bad thing? At least we'd know who the bad people are, right? If it's a sex crime they'd be worse off than toothless. I'm shapening my axe right now.
22That should be SHARPENING, spell checker not working for me right now.
23Sorry and I know this is because I am the mother of a small child...but I think the death penalty is very much appropiate. I have to say too that if it were my child the person that did the crime would wish for the death penalty after I'm done with them.
24Liberty,
25I would bet that as the father of two young girls, Obama is reacting with his gut too.
Lots of people have children they love more than life itself, that doesn't make making the world blind and toothless okay and it wouldn't make the children any safer.
26Precisely stephley, there is something going on in these people that we just don't understand right now. The death penalty used here wouldn't be any more a deterrent than in any other matter.
I plan on adopting children within the next six years or so. I can imagine that having a child go through this horrible experience would be just like loosing a child because on some level they have. When I was sixteen my eldest brother who was twenty-nine at the time had his life taken by violence. I remember my mother’s grief it is something that will stay with me for the rest of my life. My heart goes out to any parent who has to deal with violence inflicted on their child.
27It's easy to feel no compassion. Especially for those who commit heinous crimes. This is why I am glad we have courts to protect even those whom we call monsters.
Scratch beneath the surface of any child abuser and you will most likely find a reason. Whether we as a society wish to cure this illness means we have to go beyond the simplistic "eye for an eye" mentality and perhaps root out the causes.
28I don't have time to try and figure out why this monsters do what they do and I don't have any children, but I'm still on the side of most parents - milosmommy especially.
29They may deserve the death penalty, but that doesn't make it constitutional.
30There is no reform for someone who is mentally deranged enough to hurt a child, especially someone who finds anything about a child sexually appealing. That is the deepest form of mental depravity. These people should never be around civilization again, and civilazation shouldn't have to pay to feed, house, clothe, etc. these poor excuses for human beings.
31Glad to see I'm not alone Great Sommelier. Any wine suggestions?
32"someone who finds anything about a child sexually appealing. That is the deepest form of mental depravity. These people should never be around civilization again, and civilazation shouldn't have to pay to feed, house, clothe, etc. these poor excuses for human beings."
I'm not against keeping these individuals out of society and out of harms way. In my opinion however these individuals would better serve society as the subjects of psychiatric study and there is no reason why they can not perform tasks such as manufacturing to pay for their keep. I understand where people are coming from when they say they do not want tax dollars to pay for these criminals. I would ask though is the greater cost to society not taking the opportunity to try and find answers to the madness which afflicts these individuals? Wouldn't simply killing them and leaving it at that only leave the cycle open to continue on indefinitely? I'm all about finding answers because somewhere in those sick demented twisted minds there is a (psychiatric answer) and resolution to be had. If we are brave enough to take this to task we just may give future generations salvation from such a hell.
33Man I'm a genius! Instead of worrying about getting around the Supreme Court's decision. Let's agree to it while at the same time draft another bill that exempts parents or close family members from punishment for executing a convicted child rapist. Done.
34Every person incarcerated for for a drug charge represents a violent offender being released early. Legalize it, let my people go and let's put all the billions spent fighting happy people and their God given rights and direct them into The War On Child Rape. It's the economy stupid.
35My views over the death penalty have changed a lot over the years, however, I think that in some ways, this ruling was appropriate. I work in a District Attorneys office, and believe you me..there are a lot of people that I wish would never have the opportunity to see the light of day again. Personally though, I believe the death penalty is the easy way out. After the extensive appeals process which will keep the familys of the victims on pins and needles for a good decade...praying that there are no loopholes..and then that glorious day comes and thats it..the offender is done suffering. I think having to spend your natural life in prison knowing that this is it for you, would probably be a much worse punishment.
Also as Justice Kennedy wrote, "A state that punishes child rape by death may remove a strong incentive for the rapist not to kill the victim."
36"It's easy to feel no compassion. Especially for those who commit heinous crimes. This is why I am glad we have courts to protect even those whom we call monsters."
That's interesting. I always thought we had courts to root out justice and protect the victims.
37IMO, part of the purpose of the justice system is that cases are tried on a case by case basis, so that the judge and jury can weigh in the nuances of the case when making their decisions. I tend to be wary of binding the hands of the jury and judge, because we never really know what will fit that SPECIFIC crime. I guess, just because you can't imagine a rape that would be as terrible as a murder, doesn't mean it can not happen. I am not for the death penalty, but I also don't know if we should set blanket limitations for sentencing.
When I was a teen, there was a story in my state about a man abducting a little girl, and he forced himself so hard into her mouth that if he hadn't eventually killed her...she would still never be able to talk again. He destroyed her throat and vocal cords with his member, broke bones in her neck. How painful for that child.
They also ruled that you can't use previous statements of a dead person against a murder suspect (the law states they must have the right to cross examine)...so that REALLY helped out spousal abusers. Great.
38I agree Jillness. I think that each of these cases that comes to the court need to be tried by standards that are appropriate to the specifics of the crime. I think many states(especially ones w/o the death penalty) are trying to do this by implementing penalty enhancers. For example, bias or hate motivated crimes carry special penalty enhancers which make a simple act of battery the equivalent (as far as penalty goes) of assault with a deadly weapon. I think what states should be doing is attach very specific penalty enhancers to sex crimes (specifically involving children).
39Post New Comment
Please share your opinion with our community, but make sure it is on topic and follows our Community Rules. We moderate comments and prohibit personal attacks, threats, spam, lewd images, or the promotion of your personal website.