Just to put in here where the discussion began.
two supreme court decisions
death penalty for child rape is cruel and unusual, ergo illegal (5-4 Kennedy writing majority opinion, we know who the four are)
A sad day...... what about the "cruel and unusual" of the act? Just my opinion... but any crime against a child should have the steepest of penalty, and not use my tax dollars to keep such "cruel" people alive to rot away in prison, and write books about it. But I'm not advocating all crimes against children should come with that penalty, just the capitol/heinous ones. You know what I mean. The innocense of a child should be protected by having the steepest of cost to those who take it away, but I also don't adhere to the theory that a death sentence doesn't really stop people or make them re-consider the act. Just the fact that someone could think "Hey, if I get caught for this, at least I KNOW I won't get the death penalty" seems to promote doing the act in the minds of these sicko's.
when the only witness is a kid, when the legal system already convicts innocents at a disturbing rate, I think that the last thing we can support is a penalty that once used, cannot be appealed.
But taking it off the plate entirely, specially in cases of overwhelming evidence (i.e. Semen found in a little girl that matches the accused), I feel is wrong as well.
two supreme court decisions
death penalty for child rape is cruel and unusual, ergo illegal (5-4 Kennedy writing majority opinion, we know who the four are)
A sad day...... what about the "cruel and unusual" of the act?
is that how the human species should judge itself? by the depravaties fo the worst of us? is that our baseline now?
should we aspire to higher principles? or should we content ourselves with acting as bestial as those we judge?
no punishment will undo what was done. The child remains raped whether the rapist sits in the chair or not.
more of the same kind of thinking as, "well yes we torture but look what the terrorists do"
We should also be careful that protections built up over centuries, hard fought expressions of the equality of man and our principle of fairness are not worn away further. Child rape is a very emotive issue, and often distorts peoples judgement.
We do get angry and upset when we hear about it and know the details. but anger and upset should never be the basis of a legal decision.
I'll try to step away from my emotions here. Should we not be judged also on what steps we take to protect our children? Shouldn't we make it absolutely clear to perpetrators of acts such as this, that they, when caught should have to pay the highest of cost, ok, maybe not necessarily the death penalty, but at least not something like 10 years, with parole in 7. I'm sic k of hearing of people convicted of these crimes returning to society, after serving their time, and then committing the same act again. Yes, this does not happen everytime, but happens enough. Would it be better for these brutes to know that they will never see a free day again if they attack a child? I think so. If them knowing that this will be the terms they'll be subject to for committing the act stops even only 100 of them from going any further in the thought process that leads them to act this way, then it is better then them exchanging 7 years for the victims lifetime of torment and anguish. The bar should be set high, so that when these Adults make the choice and know the CONSEQUENCES, and still follow through with it, then they deserve what they get.
On a second thought, why does it seem that the federal branches of government are doing all they can to end a states freedom and right to make and decide it's course (based upon it's constitutional right) on subjects such as this. Where is the Supreme Courts responsibility to uphold that part of the Constitution?
