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  1. #1
    Outta Space Cowboy Scotty's Avatar
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    Default Court mulls death penalty for child rape

    Didn't see this anywhere. Thought it was Links newsworthy...


    Court mulls death penalty for child rape

    By MARK SHERMAN
    Associated Press Writer


    WASHINGTON - 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 weighing whether the way Kentucky executes prisoners by lethal injection ó procedures similar to those used in three dozen states ó 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.

  2. #2
    Atomic Punk WinterlessIceness's Avatar
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    Good. Very good.

  3. #3
    Atomic Punk bsbll4's Avatar
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    As much as I would like to see scumbags killed off, I think taking someone's life only if they take someone else's should be the standard. Where do you draw the line in "child" rape? So if she's 8, you kill him, if she's 13, he goes to jail for 45 years?

    I say let him rot in a prison cell.
    CNN may think my opinion matters, but you shouldn't.

  4. #4
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    Quote Originally Posted by bsbll4 View Post
    As much as I would like to see scumbags killed off, I think taking someone's life only if they take someone else's should be the standard. Where do you draw the line in "child" rape? So if she's 8, you kill him, if she's 13, he goes to jail for 45 years?

    I say let him rot in a prison cell.
    If you're 43, and you get 45 years in prison, haven't they essentially taken your life? Good point about where do you draw the line. Is raping an adult woman more tolerable than raping a young girl?
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  5. #5
    Atomic Punk
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    Quote Originally Posted by VH_VAREB View Post
    If you're 43, and you get 45 years in prison, haven't they essentially taken your life? Good point about where do you draw the line. Is raping an adult woman more tolerable than raping a young girl?
    evidently it is.

    The death penalty doesn't make any sense. Life imprisonment is not only a far better punishment but you can't let an innocent man out of death.

  6. #6
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    This thread could get bloody. Scotty should start a "What are your feelings on abortion thread". That should really have everyone pissed at each other before the weekend's out.
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  7. #7
    Atomic Punk LLFHS's Avatar
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    if you force yourself on ANYONE....regardless of sex or age, you deserve to die.

    That's simply the way I feel.
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    Quote Originally Posted by LowLifeFlatHeadScum View Post
    if you force yourself on ANYONE....regardless of sex or age, you deserve to die.

    That's simply the way I feel.
    HELL YEAH!!!!

  9. #9
    Eruption
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    Quote Originally Posted by VH_VAREB View Post
    This thread could get bloody. Scotty should start a "What are your feelings on abortion thread". That should really have everyone pissed at each other before the weekend's out.
    While I am against the death penalty in most circumstances, I believe child rapists deserve penalties just as harsh as murderers, if not harsher. There is absolutely no excuse for raping a child. A murderer could have been driven by something to irrational behavior (that isn't meant as an excuse, just a comparison). There also has never been any evidence that pedophiles can be "rehabilitated." Some can possibly manage their urges in public, but they will always be attracted to children. Some murderers, even though they should be behind bars for life, can theoretically turn themselves around. Obviously there are some that are beyond help, but not all (unlike pedophiles).

    In other words, if you leave a "rehabilitated" pedophile in a room alone with a child, you have another rape. But if you leave a gun with a "rehabilitated" murderer, you don't necessarily have another murder.

    In reference to the age issue, pedophilia refers to prepubescent boys or girls. Therefore, age would not necessarily be a deciding factor; development would. Not that I am condoning any rape, but raping a person whose body is not even physically prepared for sex (thus only a filthy dirtbag would be sexually attracted to it) is clearly much different from females of child-bearing development. There also is no logical question of consent in regards to pedophilia.
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  10. #10
    Baluchitherium
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    Rape and molestation are evil. Anyone who commits either of these crimes deserves to die.

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  11. #11
    Eruption
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    I see some very promiscuous kids that shouldn't be involved in sex at 10-12 years old. I also see adults who definitely should know better than messing with a minor. Some states list children 12 and under as being unable to grant consent to sexual relations and deem it a "rape" if someone over the age of 13 does the act to the 12 year old. It may be hard to fathom kids this young being sexually active but they are.

    I guess I'm having a hard time determining where a good line is here. Obviously the case in this post isn't a consensual crime, but I could see an overzealous D.A. wanting to make a name for himself in another case possibly abusing a rape charge when there was a "consent".

  12. #12
    Atomic Punk LLFHS's Avatar
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    Quote Originally Posted by Limecuda View Post

    I guess I'm having a hard time determining where a good line is here. Obviously the case in this post isn't a consensual crime, but I could see an overzealous D.A. wanting to make a name for himself in another case possibly abusing a rape charge when there was a "consent".
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  13. #13
    Forum Frontman It's Mike's Avatar
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    I don't believe in the death penalty unless you have an admission of murder (or say video evidence of it). In cases like this I would prefer this "person" to be thrown in jail in the general population and let everyone know why he's there. I can only imagine that the rest of the residents there would make his life more then miserable. After living this life for a while he's bound to kill himself and voila you have the desired result without having the government having to do it themselves.

  14. #14
    Eruption timmac's Avatar
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    Quote Originally Posted by it's me View Post
    IIn cases like this I would prefer this "person" to be thrown in jail in the general population and let everyone know why he's there. I can only imagine that the rest of the residents there would make his life more then miserable. After living this life for a while he's bound to kill himself and voila you have the desired result without having the government having to do it themselves.

    I have a feeling that once everyone knows he's there, they'll carry out the execution themselves. I've heard that child rapists, killers, and molesters aren't usually long for this world if they end up in general population.
    Nothing to see here.

  15. #15
    Good Enough pal1800's Avatar
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    Quote Originally Posted by LowLifeFlatHeadScum View Post
    if you force yourself on ANYONE....regardless of sex or age, you deserve to die.

    That's simply the way I feel.
    I would agree, except it takes 20 freaking years to carry out the sentence. Therefore, as a deterent it is not effective. Now, if you could execute within say a 6 months or a year, then we may have something. I also understand that some don't care about detering, they just want retribution and in that case I guess it doesn,t matter how long it takes to carry out the sentence.

 

 

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