Supreme Court Will Not Reconsider Decision on Child Rape

Washington Post :

The Supreme Court today declined to revisit its June decision that it is unconstitutional to impose the death penalty on child rapists, although two justices said they would have reopened the case and two others sharply criticized the majority.

The state of Louisiana and the Justice Department had asked the court to reconsider the 5 to 4 decision because the court was not made aware of what they consider a crucial element: that Congress in 2006 made child rape a capital offense under military law.

Read the whole story: Washington Post

Comments

[mervr1]

No one is truly able to judge this situation or understand what the victims go through, because unfortunately there is too much partisanship on the bench to rule properly. In these cases prison justice make the final decision.

[TchoupitoulasCanal]

I know the opinion sucks, but if you've ever taken a Constitutional Law class (as I'm fortunately taking right now in law school) you know that precedent mandates what "The Nine" reaffirmed today.

The take home message of the opinion was that capital punishment is only to be enforced when the defendant has killed someone. To subject a child rapist to the death penalty when the victim is still alive does (unfortunately) have validity under the Cruel and Unusual Punishment provision of the 8th Amendment.

This isn't the first time this issue has arisen, however. There is a case cited in the opinion that affirmed this same holding for adult rape victims. If the perpetrator sexually assaults an adult, they are also not eligible for the death penalty unless their victim has been killed.

If you had a chance to read the opinion (it's long, but quite educational) it's obvious that this little girl went through hell. Her tiny body was mutilated to the point that her cervix separated from her vaginal wall, and the poor excuse of a stepfather then forced her to lie about the ordeal. The mother was no help either, as she basically went along with the charade even though the litte girl told her what happened.

It's one of those slippery slope issues that really blurs the line between "moral opinion" and "legal opinion".

BUT....I have a feeling that "Prison Justice" may take over where the legal system left off.

[CrittersRTasty]

And yet, O, who is touted over and over in these pages as an expert on constitutional law said (regarding this particular issue): "if a state determines the death penalty should apply in such cases, they should be allowed to impose it."

[LiberalDemIda]

Child rapists rape not out of sexual gratification but out of the uncontrollable desire to overpower and to control. I am a survivor of child molestation so I know this is the truth.

I've been writing with an Australian Detective who specializes in child exploitation investigation and who works with international bureaus all over the globe.

He has over a decade of experience in pursuing paedo rings around the world together with the CIA, Interpol. Texas, consequently, is a hot spot, he's told me.

He made note that I should never think this is about sex. It's not. It's about overpowering something else in their failed lives. And their deeds escalate.

They start out with pictures, then movies, then when that proves insufficient for their needs, they hunt for real children. When that doesn't satisfy them anymore, it continues to escalate from torture to murder.

There is NO CURE for them. Medicinal or surgical castration does not work. Prison time, does not work and they don't stop until they're caught and put away forever or get capital punishment. Just look at what happened with Jessica Lunsford, the 9-year-young child in Florida.

I'm against the death penalty. I believe these individuals should get life without parole since their victims have to live with what had been done to them for the rest of their lives and it's only fair they are reminded, day in, day out, what they've done.

[conservatoire]

Letters like these are the problem. On the face, they sound reasonable, because the person writing them claims to have some area of knowledge or expertise. Unfortunately, the facts stated are not supported by either the 2003 or 2005 U.S. Department of Justice studies on Sex Offenders and Recidivism.

http://www.ojp.usdoj.gov/bjs/abstract/rsorp94.htm

Educate. Learn. Re-evaulate.

[AdV2k1]

Fine if we can't murder these rapists can we castrate them at least ? Yeah thats brutal but the punishment fits the crime. you rob innocence, they rob your manhood. It might be old school but I think its fine punishment.

[Jeff1958]

Unless, of course, the guy was falsely convicted. False convictions happen all the time.

[conservatoire]

The only crime that should even be considered for the death penalty is murder. And morally, that one's even a toss-up.

[Jeff1958]

I don't want my government murdering (which is what the death penalty is). There are many false convictions. A dozen people on death row in Illinois alone have been set free because they were (much) later found to be innocent.

[robXdion]

Isn't this the ONE thing everyone can agree on? Libruls and Repugs enjoying a fist bump?