I won't refer to it as America, it's so far from what "America" stood for that we should change the name.
This place makes me sick to my ****ing stomach
Enjoy!
http://ap.google.com/article/ALeqM5g...i5NEgD91HBJ8O0
Excerpts from Supreme Court ruling on child rape
By The Associated Press – 5 hours ago
Excerpts from Wednesday's 5-4 ruling outlawing executions for people convicted of raping a child.
Justice Anthony Kennedy, writing for the majority in support of outlawing the executions, wrote: "The death penalty is not a proportional punishment for the rape of a child."
"After reviewing the authorities informed by contemporary norms, including the history of the death penalty for this and other nonhomicide crimes, current state statutes and new enactments, and the number of executions since 1964, we conclude there is a national consensus against capital punishment for the crime of rape."
"We cannot dismiss the years of long anguish that must be endured by the victim of child rape. It does not follow though, that capital punishment is a proportionate penalty for the crime."
"The constitutional prohibition against excessive or cruel and unusual punishments mandates that the State's power to punish be exercised within the limits of civilized standards."
"Our concern here is limited to crimes against individual persons. We do not address, for example, crimes defining and punishing treason, espionage, terrorism and drug kingpin activity, which are offenses against the state. As it relates to crimes against individuals, though, the death penalty should not be expanded to instances where the victim's life was not taken."
"By, 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."
"Society's desire to inflict the death penalty for child rape by enlisting the child victim to assist it over the course of years in asking for capital punishment forces a moral choice on the child, who is not of mature age to make that choice."
"With respect to deterrence, if the death penalty adds to the risk of non-reporting, that too diminishes the penalty's objectives."
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Justice Samuel Alito, in dissent, wrote:
"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."
"With respect to the question of the harm caused by the rape of a child in relation to the harm caused by murder, it is certainly true that the loss of human life represents a unique harm, but that does no explain why other grievous harms are insufficient to permit a death sentence."
"With respect to the question of moral depravity, is it really true that every person who is convicted of capital murder and sentenced to death is more morally depraved than a child rapist?"
"The court takes pains to limit its holding to 'crimes against individual persons' and to exclude 'offenses against the state' ... But the court makes no effort to explain why the harm caused by such crimes is necessarily greater than the harm caused by the rape of young children."
"The court suggests that it is more painful for child-rape victims to testify when the prosecution is seeking the death penalty ... The court also argues that 'a state that punishes child rape by death may remove a strong incentive for the rapist not to kill the victim' ... These policy arguments, whatever their merits, are simply not pertinent to the question whether the death penalty is 'cruel and unusual' punishment."