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Thread: Court Mulls Death Penalty for Child Rape

  1. #1
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    Court Mulls Death Penalty for Child Rape

    Court Mulls Death Penalty for Child Rape
    By MARK SHERMAN, AP
    Posted: 2008-01-04 15:36:26
    WASHINGTON (Jan. 4) - 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 - 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.






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    NO!

    Why?

    Because in a regular prison for the rest of his life he will be treated a hell of a lot worse. Death penalty is a get out of your own raping free card.

  3. #3
    Second Most EVIL YARDofSTUF's Avatar
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    Kill him.

    I think in some cases cruel and unusual punisments would be best.

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    Second Most EVIL YARDofSTUF's Avatar
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    Quote Originally Posted by Comtrad View Post
    NO!

    Why?

    Because in a regular prison for the rest of his life he will be treated a hell of a lot worse. Death penalty is a get out of your own raping free card.
    Life in prison is a "get to rape the taxpayers of america free" card.

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    Quote Originally Posted by YARDofSTUF View Post
    Life in prison is a "get to rape the taxpayers of america free" card.
    If they deserve it, they deserve it.


    The raping to us, is the petty sh*t that shouldn't be in prison in the first place.

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    Second Most EVIL YARDofSTUF's Avatar
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    Quote Originally Posted by Comtrad View Post
    If they deserve it, they deserve it.


    The raping to us, is the petty sh*t that shouldn't be in prison in the first place.
    No, people that want someone to suffer with a life in prison sentence dont ever get what they want, its not gonna be horrible enough and it wont be revenge. So if they choose to go the route of the justice system then just off the ****er so he cant hurt anyone else.

    Petty crimes waste our tax money too, but so do the lifers.

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    Quote Originally Posted by YARDofSTUF View Post
    No, people that want someone to suffer with a life in prison sentence dont ever get what they want, its not gonna be horrible enough and it wont be revenge. So if they choose to go the route of the justice system then just off the ****er so he cant hurt anyone else.

    Petty crimes waste our tax money too, but so do the lifers.
    Eye for an Eye


    How can you kill someone that hasn't done it?

    Granted his crime is horrid, but he didn't take anyone else's life (in the literal sense).

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    Second Most EVIL YARDofSTUF's Avatar
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    Quote Originally Posted by Comtrad View Post
    How can you kill someone that hasn't done it?

    Granted his crime is horrid, but he didn't take anyone else's life (in the literal sense).
    Simple, I have no sympathy for someone that rapes a person or men that beat women, or other horrible acts.

    I'm in favor of a revenge or vengeance type of death penalty as well as just shooting them in the head right after their apeals are other.

    I say if its something like this, make them suffer, crush their bones, rip an arm or leg off, then wait a day or 2, then finish them off.

    Its affordable, and I think that depending on the crime, fair.

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    Horrible crime no question. The death penalty should be reserved for taking another humans life imo though. I won't lose any sleep over it though if they are killing child rapists.
    She's presenting like a mandrill!

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    Quote Originally Posted by YARDofSTUF View Post
    Life in prison is a "get to rape the taxpayers of america free" card.
    It costs more to execute them then to keep them behind bars for the rest of their lives.

    In this case it might cost more, considering the nature of the crime. He'd need to be confined to a more protected part of the prison.

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    Quote Originally Posted by downhill View Post
    It costs more to execute them then to keep them behind bars for the rest of their lives.
    We've been over this before, it costs more under the current system, I'm for a cheaper way of doing it all around.

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    I don't think he should get it, a little too many fishy things with his case.

    http://forums.speedguide.net/showthread.php?t=235144

    Lock him up sure, and if there is absolutely no doubt he did it then I have no problem offing him

  13. #13
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    I say lock all those child rapists up in a room alone for 2 weeks each with MadDoc.... that has to be far worse than death.

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    Quote Originally Posted by Sava700 View Post
    I say lock all those child rapists up in a room alone for 2 weeks each with MadDoc.... that has to be far worse than death.
    They're sick enough that they could end up enjoying it.

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    Quote Originally Posted by YARDofSTUF View Post
    We've been over this before, it costs more under the current system, I'm for a cheaper way of doing it all around.
    We have but there's still this pesky thing called "due process" and when it's someone's life, then it should be able to play out.

    After all, not every one convicted of a crime, is guilty.

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    Quote Originally Posted by downhill View Post
    We have but there's still this pesky thing called "due process" and when it's someone's life, then it should be able to play out.

    After all, not every one convicted of a crime, is guilty.
    Very true. There was even a story in the news yesterday about a guy who got out of jail after 26 years due to evidence showing he was innocent.

    Btw, I don't think the death penalty is appropriate in this case.

  17. #17
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    Quote Originally Posted by downhill View Post
    We have but there's still this pesky thing called "due process" and when it's someone's life, then it should be able to play out.

    After all, not every one convicted of a crime, is guilty.
    Yes, im not saying get rid of due process, just speed up all the wait time.

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    Quote Originally Posted by YARDofSTUF View Post
    They're sick enough that they could end up enjoying it.
    Not if you withhold the Velcro gloves
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    Quote Originally Posted by YARDofSTUF View Post
    Kill him.

    I think in some cases cruel and unusual punisments would be best.

    Yeah I am torn but kinda go with YOS, however I think a good eye for and eye type punishment would be good for someone like this. Introduce him to Bubba and his 3 friends and see how he likes it on the other end.

  20. #20
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    Quote Originally Posted by Comtrad View Post

    Granted his crime is horrid, but he didn't take anyone else's life (in the literal sense).
    But the child who had this done to them is usually scrambled for the rest of their lives. It's a permanent scar.

    The old saying of these types of perps receiving like treatment in prison...is also disappearing as prisons are much more tightly controlled now.
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