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| US SC rejects death penalty for raping children along the usual 5-4 split | |
| 2008-06-25 | |
| The Supreme Court on Wednesday outlawed executions of people convicted of raping a child. In '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. Patrick Kennedy, 43, was sentenced to death for the rape of his 8-year-old stepdaughter in Louisiana. He is one of two people in the United States, both in Louisiana, who have been condemned to death 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. Forty-five states ban the death penalty for any kind of rape, and the other five states allow it for child rapists. Montana, Oklahoma, South Carolina and Texas allow executions in such cases if the defendant had previously been convicted of raping a child. The court struggled over how to apply standards laid out in decisions barring executions for the mentally retarded and people younger than 18 when they committed murder. In those cases, the court cited trends in the states away from capital punishment. In this case, proponents of the Louisiana law said the trend was toward the death penalty, a point mentioned by Justice Samuel Alito in his dissent. 'The harm that is caused to the victims and to society at large by the worst child rapists is grave,' Alito wrote. 'It is the judgment of the Louisiana lawmakers and those in an increasing number of other states that these harms justify the death penalty.' But Kennedy said the absence of any executions for rape and the small number of states that allow it demonstrate 'there is a national consensus against capital punishment for the crime of child rape.' Oh, really?
Still, Kennedy concluded that in cases of crimes against individuals — as opposed to treason, for example — 'the death penalty should not be expanded to instances where the victim's life was not taken.' The decision does not affect the imposition of the death penalty for other crimes that do not involve murder, including treason and espionage, he said. 'It looks like a smashing victory on all fronts for us,' said Denise LeBoeuf, a longtime capital defense attorney from New Orleans. The girl's mother said, 'We don't talk about that' and hung up. The author of the Louisiana law, former Republican state Rep. Pete Schneider, said even opponents of the death penalty told him they would kill anyone who raped their children. 'When are you going to have the courage to stand up for what's right for all of the people — but especially the children under 12 that have been brutally raped by monsters?' Schneider said, directing his comments to the justices in Wednesday's majority. The last executions for crimes other than murder took place in 1964, according to a database maintained by the Death Penalty Information Center. Ronald Wolfe, 34, died in Missouri's gas chamber on May 8, 1964 for rape. James Coburn was electrocuted in Alabama on Sept. 4 of that year for robbery. Patrick Kennedy was convicted in 2003 of raping his stepdaughter at their home in Harvey, La., outside New Orleans. The girl initially told police she was sorting Girl Scout cookies in the garage when two boys assaulted her. 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. The Louisiana Supreme Court upheld the sentence, saying that 'short of first-degree murder, we can think of no other non-homicide crime more deserving' of the death penalty. State Chief Justice Pascal Calogero noted in dissent that the U.S. high court already had made clear that capital punishment could not be imposed without the death of the victim, except possibly for espionage or treason. A second Louisiana man, Richard Davis was sentenced to death in December for repeatedly raping a 5-year-old girl in Caddo Parish, which includes Shreveport. Local prosecutor Lea Hall told jurors: 'Execute this man. Justice has a sword and this sword needs to swing today.' The high court's decision leaves intact Kennedy's conviction, but will lead to a new sentence. | |
| Posted by:gorb |
| #10 So what's the process for convicting 5 of the 4 Justices of the Supreme Court for treason, for attempting to destroy the United States and the constitution? It starts with the impeachment process in the House which is why voting for Congress is just as, if not, more important than the lesser of two evils in the Presidential contest. |
| Posted by: Procopius2k 2008-06-25 22:18 |
| #9 And SAUDI ARABIA has decided thats its okay for a an INFANT GIRL TO GET MARRIED AT AGE ONE YEAR. As for GUN OWNERSHIP, IIRC FOX NEWS AM > new legal impetus appears NOT to be on challenging the US CONSTITIONAL provion on the right of citizens to bear arms, BUT INSTEAD TO FOCII ON A STATE'S + STATES' RIGHT TO "MONITOR" AND "REGULATE" [read- LIMIT] PRIVATE GUN OWNERSHIP, hence SSSSHHHHHH bypassing andor degrading said Constitutional provision??? |
| Posted by: JosephMendiola 2008-06-25 18:04 |
| #8 So what's the process for convicting 5 of the 4 Justices of the Supreme Court for treason, for attempting to destroy the United States and the constitution? |
| Posted by: Silentbrick 2008-06-25 17:02 |
| #7 Oops, make that organized militias under the express and direct control of the state (state, in this case, being defined as the federal government). |
| Posted by: FOTSGreg 2008-06-25 16:57 |
| #6 I'm not looking forward to their decreeing that gun ownership is a right reserved only for organized militias. |
| Posted by: FOTSGreg 2008-06-25 16:56 |
| #5 The "Kennedy Rule": that when the Court decides 5-4 that any government has done anything contrary to the Constitution, and Justice Kennedy was one of the five, the case was wrongly decided. And its corollary: if Justice Kennedy writes the opinion of the Court in such a case, it will be incoherently reasoned. |
| Posted by: mojo 2008-06-25 16:36 |
| #4 Buried deep in their decision was an interesting rationalization, that because the death penalty appeals process was so long, the child victim would be forced for years, or even decades, to shepherd the rapist through the process. |
| Posted by: Anonymoose 2008-06-25 16:09 |
| #3 'It looks like a smashing victory on all fronts for us,' said Denise LeBoeuf, a longtime capital defense attorney from New Orleans. Well, if I'm sitting on a jury of a father or mother who blasted some miscreant who raped their 8 year old, I'd be hard press to come back with anything other than improper discharge of a weapon in city limits. Lawyers like the above absolutely fail to grasp that law is just an extension of government and the it all resides upon the consent of the governed. Consent can be withdrawn in so many ways. |
| Posted by: Procopius2k 2008-06-25 16:03 |
| #2 'It looks like a smashing victory on all fronts for us,' said Denise LeBoeuf, a longtime capital defense attorney from New Orleans. Got any kids, Denise? |
| Posted by: tu3031 2008-06-25 15:27 |
| #1 Washington, Jefferson, Madison, Adams, and Monroe could not be reached for comment. |
| Posted by: Procopius2k 2008-06-25 15:25 |