Court Mulls Death Penalty for Child Rape

[Logan13]

Court Mulls Death Penalty for Child Rape
WASHINGTON (AP) - The Supreme Court agreed Friday to decide whether a state can execute someone convicted of raping a child, one of the few remaining crimes that does not require the death of the victim to result in capital punishment.

Patrick Kennedy, 43, was sentenced to death for the rape of his 8- year-old stepdaughter in Louisiana. He is the only person on death row in the United States 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.

Kennedy's lawyers say the death penalty for child rape violates the Eighth Amendment protection against cruel and unusual punishment.

The justices will hear arguments in the case in April.

The last executions for rape or any other crime that did not also include the victims' death were in 1964.

Forty-five states already ban the death penalty for any kind of rape and among the other five states that in theory allow it for child rapists. Kennedy's case is the only time a state has sought to execute someone. Montana, Oklahoma, South Carolina and Texas allow executions in such cases.

The Louisiana Supreme Court upheld the sentence. "Our state legislature and this court have determined this category of aggravated rapist to be among those deserving of the death penalty, and short of first-degree murder, we can think of no other non-homicide crime more deserving," Justice Jeffrey Victory wrote.

Chief Justice Pascal Calogero dissented, saying that with the possible exception of espionage or treason, "the Eighth Amendment precludes capital punishment for any offense that does not involve the death of the victim."

The child rape case is the second capital punishment case from Louisiana this term at the Supreme Court. The justices already are considering whether a prosecutor improperly excluded blacks from a jury and then inflamed the all-white panel with references to the O.J. Simpson case.

In addition, the court is wei***ng whether the way Kentucky executes prisoners by lethal injection—procedures similar to those used in three dozen states—violates the Constitution.

Kennedy was convicted in 2003 of raping his stepdaughter at their home in suburban New Orleans. The girl initially told police she was sorting Girl Scout cookies in the garage when she was assaulted by two boys.

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.

Kennedy's Supreme Court lawyers also called pointed out that Kennedy is black and that nearly 90 percent of people executed for rape in the United States were black. "This court should pause before condoning a practice so heavily tinged with the scourge of racism," Stanford University law professor Jeffrey Fisher, Kennedy's lead lawyer, said.

The state said the court should turn down the case because Louisiana law is narrowly tailored to apply only to people convicted of raping children younger than 12.

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

[Panzerfaust]

I like how they simply twiddle their thumbs like a bunch of dipshit bureaucrat's when the answer is so clear.

Only in America!

Crimes punishable by death IMO:

1. Rape
2. Murder
3. Child Molestor
4. Drug Dealer

Did I miss anyone?

[kfrost06]

I like how they simply twiddle their thumbs like a bunch of dipshit bureaucrat's when the answer is so clear.

Only in America!

Crimes punishable by death IMO:

1. Rape
2. Murder
3. Child Molestor
4. Drug Dealer

Did I miss anyone?

Does your "drug dealers" include the ones that sell gear?

[Dizz28]

1. Rape
2. Murder
3. Child Molestor
4. Drug Dealer

All those are, in Muslim countries.

I agree with the first three. The third....no, all those guys busting in Raw Deal are considered "drug dealers" death seems a little cruel and unusual for selling deca ...

[scriptfactory]

I like how they simply twiddle their thumbs like a bunch of dipshit bureaucrat's when the answer is so clear.

Only in America!

Crimes punishable by death IMO:

1. Rape
2. Murder
3. Child Molestor
4. Drug Dealer

Did I miss anyone?

Don't agree. Death should be punishable by death, nothing else. Rape/child molestation should be punished by court-ordered rape or chemical castration.

Drug dealing? Seriously? You must not use drugs of ANY kind...

[Logan13]

Don't agree. Death should be punishable by death, nothing else. Rape/child molestation should be punished by court-ordered rape or chemical castration.

Drug dealing? Seriously? You must not use drugs of ANY kind...

IMO:
murder and child rape punished by death.
rape punished by chemical/physical castration

[thegodfather]

Since I dont agree with drugs of any sort being illegal, and I believe in a persons right to use whatever substances they desire, I cannot agree with ANY punishment for drug dealers.

I dont quite know where to stand on the death penalty for crimes where a person was not killed. I'm going to mull this one over myself...

[Red Ketchup]

Punish child rape by death?

Ohhh no... they're not getting the easy way out!!!

I'd rather they get life in jail, but none of this bullshît protective custody... drop them in general population and branded with a very clear "scarlet letter".

Just my 2 cents worth of course...

Red

[RANA]

I agree with the death penalty on Child rapist.

[LawMan018]

Death is a little strong for child rape. I mean, it's death... As in, no coming back. There's plenty of rehabilitation things people can go through cause if you rape a child you obviously aren't in your right mind...

[Logan13]

Death is a little strong for child rape. I mean, it's death... As in, no coming back. There's plenty of rehabilitation things people can go through cause if you rape a child you obviously aren't in your right mind...

The recidivism rate for child rapists is extremely high and would lead one to believe that no amount of "rehab" is worth the chance of another child being scarred for life.

[sooners04]

Whats worse, letting the guy off the hook by killing him or letting him get punished for 70 years in prison. No matter what your in prison for, you are the lowest piece of shizit if you are a child molester. I say let the inmates hae their way with those people, don't let them off the hook by killing them.

[Panzerfaust]

Death is a little strong for child rape. I mean, it's death... As in, no coming back. There's plenty of rehabilitation things people can go through cause if you rape a child you obviously aren't in your right mind...

You have honestly got to be one of the most ignorant liberals I have ever come across.

So raping a child and mentally damaging that child for life does not warrant a death sentence? Putting them in prison does nothing but cost money to keep the alive etc...We could cut alot of costs by exterminating this kind of scum from the population.

You do know that even in prison that child molestors are looked down upon and alot of them are wacked in the pin.

LMAO @ rehabilitation!

[Dizz28]

I think placing a child rapist in prison woul dbe a lot worse of a punishment than death.

All it would take is one gaurd to "accidentally" leak the reason he's in jail to general populating and I'm sure he'll get raped a few times, along with other various abuses. To me, this would be a fitting punishment

[Act of God]

I like how they simply twiddle their thumbs like a bunch of dipshit bureaucrat's when the answer is so clear.

Only in America!

Crimes punishable by death IMO:

1. Rape
2. Murder
3. Child Molestor
4. Drug Dealer

Did I miss anyone?

Wow, death for drug dealers. Do you want to re-think that one? You want to put someone to death because they are selling something that a governmental body (due to lobby money or lack thereof) decided was "bad"?

Cigarettes kill thousands of people a day, as do alcohol. They are "legal" so thats ok with you. Not one death has been attributed to steroids or weed and you are going to KILL someone for selling it? Cigarettes and Caffeine are more addictive than most recreational drugs yet you have no problem with that. God forbid someone sparks a J at the end of the day, might as well kill them too huh Adolf? You're an idiot if you think that.

BTW I don't do any recreational drugs, but I support freedom



Rape/Molestor and death is a very touchy subject. While deplorable, killing someone on those grounds will ultimately be a questionable decision. When is someone a child molester? What if the child is 16 years old? That child is sexually an adult in some states and underage in others. Are you going to kill someone because they got it on in NJ rather than NY? (or whatever state has different consent ages).

[Dizz28]

Isn't Alabama something like 14 is the age of consent...

[MuscleScience]

weither they are sentenced to death or not. Once they get in the prison system they are marked man anyway. I say let the prisoners take care of them its cheaper.

[Act of God]

weither they are sentenced to death or not. Once they get in the prison system they are marked man anyway. I say let the prisoners take care of them its cheaper.

No argument here. Less red tape.

[LawMan018]

You have honestly got to be one of the most ignorant liberals I have ever come across.

So raping a child and mentally damaging that child for life does not warrant a death sentence? Putting them in prison does nothing but cost money to keep the alive etc...We could cut alot of costs by exterminating this kind of scum from the population.

You do know that even in prison that child molestors are looked down upon and alot of them are wacked in the pin.

LMAO @ rehabilitation!

Wtf does this have to do with politics? It isn't just black and white, there's plenty of grey area inbetween the two.

[gixxerboy1]

Wtf does this have to do with politics? It isn't just black and white, there's plenty of grey area inbetween the two.

You cant rehabilitate a child molester . No grey area

[Pooks]

I'd like to agree about death penalty..

but what stinks is my parents always told me that in the bible it says "its wrong to kill other humans"

"forget their sins" crap like that..

and I am not even that religious, but that is one that still seems to stick with me..

which is kind of odd.. because it seems like the really religious people, religious right, and muslims fundamentalist seem to punish the most people by death out of everyone else..

so thats just confusion to the maximum..
well anyways, I'll stick to what I know, and I learned as a kid..

and thats not to kill anyone, just let god deal with them, when their time is right..

so with that said..

I guess just lock them up forever, or set up some sort of island colony for them and let them be self sufficient on that island so we dont got to pay for their asses.

[RA]

+2..

I agree with the death penalty on Child rapist.

[mcpeepants]

I'm against the death penalty period

[wantmoremass]

i'm against the death penalty as well - had to examine my feelings and logic to figure that one out. the fact that our legal system is not infallable (e.g. reasonable doubt still leaves room for error) means we could put an innocent person to death. to me if that happens once, it's an unacceptable form of punishment.

as far as child rapists, i agree with chemical castration.

on a completely different note, has anybody seen the movie 'little children'? an interesting (kinda heavy) story where one of the plotlines is around a child molester who deals with his problem in his own way (don't want to give it away)...worth the watch in my opinion.

[jojo2002]

I dont know the source off the top of my head but i believe the death penalty and its process are more costly than life in prison.. can't remember where i heard it but it was in one of my debate classes...

I agree to let the inmates have there way with them but they are segregrated from the rest of the prison population for "safety" reasons... I say let them in yard with the other guys everyonce in a while...

[kfrost06]

which is kind of odd.. because it seems like the really religious people, religious right, and muslims fundamentalist seem to punish the most people by death out of everyone else.

That is far from true. Hitler, Stalin, the current Chinese government, Castro, etc, etc, etc. use capital punishment more than anyone and they ALL banned religion completely.

[thegodfather]

That is far from true. Hitler, Stalin, the current Chinese government, Castro, etc, etc, etc. use capital punishment more than anyone and they ALL banned religion completely.

Then why did the Pope visit Castro not too long ago?

[im83931]

I have 2 daughters and 1 son

Death Penalty for child molesters. No question