Court Mulls Death Penalty for Child Rape

Meggie · Post by **Meggie** » Fri Jan 04, 2008 4:53 pm

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.

your thoughts?

Comtrad · Post by **Comtrad** » Fri Jan 04, 2008 4:55 pm

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.

YARDofSTUF · Post by **YARDofSTUF** » Fri Jan 04, 2008 4:56 pm

Kill him.

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

YARDofSTUF · Post by **YARDofSTUF** » Fri Jan 04, 2008 4:57 pm

Comtrad wrote: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.

Comtrad · Post by **Comtrad** » Fri Jan 04, 2008 5:00 pm

YARDofSTUF wrote: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.

YARDofSTUF · Post by **YARDofSTUF** » Fri Jan 04, 2008 5:03 pm

Comtrad wrote: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.

Comtrad · Post by **Comtrad** » Fri Jan 04, 2008 5:05 pm

YARDofSTUF wrote: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).

YARDofSTUF · Post by **YARDofSTUF** » Fri Jan 04, 2008 5:10 pm

Comtrad wrote: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.

64bit · Post by **64bit** » Fri Jan 04, 2008 5:15 pm

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.

downhill · Post by **downhill** » Fri Jan 04, 2008 5:33 pm

YARDofSTUF wrote: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.

YARDofSTUF · Post by **YARDofSTUF** » Fri Jan 04, 2008 5:41 pm

downhill wrote: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.

De Plano · Post by **De Plano** » Fri Jan 04, 2008 5:43 pm

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

https://www.speedguide.net/forums/viewtopic.php?t=235144

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

Sava700 · Post by **Sava700** » Fri Jan 04, 2008 6:15 pm

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.

YARDofSTUF · Post by **YARDofSTUF** » Fri Jan 04, 2008 6:21 pm

Sava700 wrote: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.

downhill · Post by **downhill** » Fri Jan 04, 2008 7:36 pm

YARDofSTUF wrote: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.

Roody · Post by **Roody** » Fri Jan 04, 2008 8:28 pm

downhill wrote: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.

YARDofSTUF · Post by **YARDofSTUF** » Fri Jan 04, 2008 8:49 pm

downhill wrote: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.

Far-N-Wide · Post by **Far-N-Wide** » Sat Jan 05, 2008 5:13 am

YARDofSTUF wrote:They're sick enough that they could end up enjoying it.

Not if you withhold the Velcro gloves

Annalysa · Post by **Annalysa** » Sat Jan 05, 2008 5:15 am

YARDofSTUF wrote: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.

Post by **YeOldeStonecat** » Sat Jan 05, 2008 8:52 am

Comtrad wrote:
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.

RoundEye · Post by **RoundEye** » Sat Jan 05, 2008 12:22 pm

First off, if this guy did this he should be punished. I hate people who prey on the weak, defenseless or elderly.

I’m not really for the death penalty; I have mixed emotions about it, morally and financially.

Also, I’m not sure if other states had a campaign like this or not, but for a while in Louisiana grade schools they were teaching kids if their parents did something wrong they should dial 911. They no longer do that.

Two cases for you.

1. My cousin got pissed at my uncle, dialed 911 and accused him of raping her. He was her step-dad. After about two years of legal bullsh*t, she finally admitted that it was all a lie, and she did it because she was mad for getting punished. (sent to her room).

2. My friend “John’s” kid came home from school and seen him in the back yard smoking a joint. Being taught to dial 911 in school, he also called the cops. It caused “John” a ton of legal crap himself, and the kid almost being taken from the home. After all that, the kid said he was sorry to “John”, and the kid absolutely hates cops and the legal system now. He had no clue the grief he was about to cause to his family when he dialed 911.

With our legal system down here, if this guy get’s the death penalty, he will sit on death row for years filing appeal after appeal till he’s old and gray.

Louisiana law can not be compared to any other state in the United States. Our law can only be compared to other countries. Look at THIS MAP, see the brown part in the US? Well, that is Louisiana. Now, look at the map again and see how many other states or countries are Brown.

And because of our law being divided into civil and common law, we have a very hard bar exam.

… The Louisiana exam holds the distinction of being the longest bar exam in the United States, consisting of 21 hours of examination on nine topic areas….

Source

While I think what this guy has done is atrocious, it is a her-word against his-word case. I also want y’all to realize that before you are so quick to yell “fry him”, that due to our legal system he will sit on death row for years causing tax payers millions upon millions of dollars.