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Court rejects death penalty for raping children?
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Court rejects death penalty for raping children?

what do you think about that?

"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."


    




Judy
I'd sooner see someone like that die a very slow agonizing death!


patriotic italienneâ„¢ v1.01
Rating
7 of the 9 judges were appointed by Republicans. Think about that. Rape isn't murder.


ugottabkiddin36
Typically, the death penalty has been reserved for convicted persons who committed murder themselves. It probably won't be utilized for lesser crimes, although I think a child rapist should get life in prison and that person won't live to see much time anyway. Prisons have their own inside justice system for child rapists, etc.


say_tay
Rating
I think child molestors, rapists should face the the death penalty, However it should be a case by case basis.

In high school I had a just turned 18 year old friend that slept with his 16, almost 17, willing girlfriend of over a year. As soon as he turned 18, her parents pressed "rape" charges on him. Since she was 16 she "legally could not consent"
So he was convicted of "raping a child".. the death penalty not needed in that case....


forwhatitsworth
Let them rot in jail and get butt raped


batgirl4943
Rating
I agree with the decision. Yes, raping children is bad and they should be punished severely, however I do think the death penalty would be cruel and unusual for the crime. If a death/murder occured it would open a whole new can of worms.

At the same time, every case is different and must be treated according to its specifics. So I do not think you could blanket the death penalty with an all or nothing attitude. Some crimes may warrant it and judges should apply the necessary punishment for the crime.

It is a double edged sword either way.


JDM
Not even in the very strictly punishing 'eye for an eye' law would the death penalty be an appropriate punishment for this crime. I agree with the judges completely.


Don
Rating
Rape is dispecable and horrific, but I agree for 2 reasons:

1. Rape isn't murder. I believe in "an eye for an eye." Lock him up with Big Bubba.
2. What if the rapist is innocent? Have you seen all those prisoners that have been exonerated in Texas through DNA testing?


Chloe
They should put them in the genaral population with people who are aware of what they have done.

They don't though, because then their prison time would be less like being at a free hotel.


Amanda C
while rape is a sick and terrible thing, it is not murder. i dont believe in killing someone for killing someone, so i definatley dont think it is right to kill someone for rape.

while taking away a childs innocents and trust is despicable, it is not as bad as taking away a childs life.


ohGr
Rating
Hopefully the prison will issue it's own death penalty through it's inmate population.


bird_brain_88
Rating
The reason for not having the death penalty for this crime is the one-million shades of gray between two consensual teenagers and the forced rape of a child. There is no clearly defined line of demarcation. Murder has that line. The victim is dead or the victim is not dead.

Although I clearly understand the anger toward the judges, life in prison without the possibility of parole is the most often appropriate punishment for this crime that can be consistently applied.


Sparkey
Rating
Look at it this way ... those who rape children will be put into the general prison population and there's where your justice comes into play. Those who mistreat women and children are the lowest in the prison system and are treated viciously by other inmates. If they were sent to Death Row, they would seemingly be protected from those who would harm them.
Ever hear of "Prison Justice?"


rickinnocal
Rating
There is also a very good PRACTICAL reason not to impose the death penalty for the rape of a child.

In all States that use the death penalty, the rape *and murder* of a child can result in the imposition of the death penalty. If a rapist who rapes a child knows that the penalty for that rape is the same as if he then kills his victim, he is FAR more likely to kill her. After all, a dead victim will not tell on him, will not be able to identify him at trial, and greatly complicates the job of the police in finding the perpetrator.

Saying "Let's execute child rapists!" may make you feel good.... but it WILL result in more murdered children - and is that the result you want?

Richard


jump
I tried to find an answer to this question, by more questions. Finally the judges seemed right.

What defines the severity of the crime?
Is it the public outrage that it created?
Or is it the harm done to the victim?
Could escalation in punishment ,deter escalation in violence?
Should rape of a minor be punished, one step lighter then rape+murder?
There is a sense to it.


Texas Drifter
Rating
The decision was based on the 8th amendment regarding cruel and unusual punishment. I think they considered it excessive if the rape did not result in death, therefore the death penalty shouldn't be applied, but only in the case of an adult victim. It REMAINS OPEN if it can be applied for child rape.


chimera200
The nature of the crime of rape of a minor to me indicates that the convicted has some sort of mental disorder. I don't mean that they are insane, but I mean that they have a disorder in which they are physically attracted to children.
We cannot fathom what that feels like because most of us do not have this disorder, so we rationalize it as being despicable and that the convicted is an 'evil' person.
Personally, I do not believe in good or evil, this person's values and morals are clearly not in tune with modern western society. Should we kill this person? If so, why should we kill them? As a punishment? Or because they are permanently 'damaged' and cannot function in this world without hurting innocent children? Who's to say.
Do not misinterpret what I am saying. I believe this crime is heinous and the convicted should spend a long time in prison. But this person should also be subjected to therapy that may hopefully rebuild them into someone who no knows the difference between wrong and right, killing them will not undo the crime and should NOT be considered 'justice'.


mrtester1959
Yes, unfortunately, I have to agree with the Court. This is a touchy topic and it's so easy to come down on the side of execution, but then what? What if a 17 year old girl is raped? The next case to the Supreme Court then will be: What is the definition of a child? And also, there are people convicted of child rape who were later exonerated by DNA evidence (See Link). So what happens when we execute someone that is later exonerated? Child rape is a sick offense, and perpetrators should never be allowed to walk free in society, but execution is not proportional to rape.


2eighty8 V3.6
Rating
Yeah, because it is deemed "unconstituational" and a "cruel and unusual punishment." I have an idea to save federal money where a shoplifter's sentence would be three hours of intense tickling, but, apparently, that's much more "cruel and unusual" than keeping the criminal locked up for x amount of years.


Wounded Duck
Rating
Then that's the law.


bitter sweetine v1.03
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Revenge is NOT what the justice system is about. This ruling was correct. Rape of a while, while horrific, isn't the worst thing that could happen. While I'm not pro-death penalty. Rape can be overcome, death can't.


ERIK S
Rating
THEY SHOULDN'T KILL THEM WHY END THEIR PAIN SO SOON. THEY SHOULD CUT THEIR MEMBER OFF AND FEED IT TO THE DOGS


reinformer
So? What are you asking?. You think there needs to be? Or are you just blood thirsty?


THETRUTH313
Rating
Good question. I feel where u are leaning while asking this question. But I don't think there should be an execution for raping children. I cringe while typing that, but I feel as though if a life was not taken, u can't take there life. Everyone makes mistakes, no matter how gruesome they may be. There is this thing called karma that I fully believe in. Trust me. When the BIG BOYS in prison find out that this inmate was raping children, they will have a field day with him. They will rape him over and over. All day everyday. He will have wanted the execution by the time there done with him. Basically, u will get what u deserve


wizbangs
Rape of a child is the moral equivalent of murder; maybe even worse, since you are stealing the trust and innocence of childhood from said child. Crimes against children are probably the worst kind of crime there is.

Shame on these judges. But, this is America, the land of hypocritical posturing and selective moral outrage. I'm not surprised.


Peace, Love, and Sodapop Curtis
why are people so mental and clueless about this? id kill the guy whether the judge said so or not!


tvanboskerck11190
Rating
the death penalty was a good thing. think about it, when the US went into a steal mate over the death penalty felony crimes shot up 52%. if it was in use less rape and murders. we can let them all rot in jail. and since we have those democrats who are all about treating felons with great care their not rotting like they should. free food, tv, education, and a wieght room. GAY is what it is. bring it back on!!!





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