the court is a bunch of pussies

[Spawn's dad]

http://news.yahoo.com/s/ap/20080625/ap_on_...co/scotus_rdp_2

 

WASHINGTON - The Supreme Court has struck down a Louisiana law that allows the execution of people convicted of a raping a child. In a 5-4 vote, the court says the law allowing the death penalty to be imposed in cases of child rape violates the Constitution's ban on cruel and unusual punishment.

 

"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.

[Lammycat]

Don't want to step on the toes of a child rapist.

 

Life in prison should be the only other option. And castration.

[JUDE]

Not the Scalia rides a fixed gear Schwinn thread I was hoping for.

[MattZ]

This seemed like a no-brainer decision to me. Executing someone for a crime that does not result in the death of the victim is disproportionate by definition.

 

I don't say that lightly -- I would agree that there's no lower skum in the world than a child rapist. Except for someone that commits pre-meditated murder.

[Spawn's dad]

I actually think that's insane. While against the death penalty, I can't even remotely grasp

why completely fucking up a kid would be deemed a lesser crime than murder.

[renic]

that's a good point. that kids got a lifetime of shit to deal with.

[Sir Stewart]

But isn't that sort of like saying to survivors of child rape "you're as good as dead"?

[renic]

i don't think so. but i also hadn't really thought of it like that either. i suppose on paper that's what it would look like but i don't think the child would feel that way.

[Rev HW Smith]

I feel confident the same 5 judges shall deem spanking one's child cruel and unusual punishment as well. God willing and whatnot.

[bobbob1313]

Can I just be against the death penalty?

[jimmyjimmy]

I actually think that's insane. While against the death penalty, I can't even remotely grasp

why completely fucking up a kid would be deemed a lesser crime than murder.

Because we have the capacity to overcome physical and emotional trauma. Death cannot be overcome.

 

But isn't that sort of like saying to survivors of child rape "you're as good as dead"?

A conviction w/ a penalty of death? No I don't think so.

[Sir Stewart]

A conviction w/ a penalty of death? No I don't think so.

I was referring to the idea that the crimes are equal, murder and child rape.

[Good Old Neon]

But doesn

[jimmyjimmy]

I was referring to the idea that the crimes are equal, murder and child rape.

Ok ...got it.

[bobbob1313]

But doesn

[renic]

Because we have the capacity to overcome physical and emotional trauma.

 

while that is true, it doesn't mean that it doesn't stay with the child the rest of his or her life no matter how well the therapy worked.

[MattZ]

Can I just be against the death penalty?

 

Yes, you can be, but that's not the crux of this case or this thread. The argument before the justices was whether a punishment of death in this case is disproportionate. This was decided under the 8th Amendment (ie, "cruel and unusual punishment").

 

Because we have the capacity to overcome physical and emotional trauma. Death cannot be overcome.

 

Yeah, that was my point in my initial post above. The question of whether the punishment is disproportionate really seemed like a no brainer to me.

 

while that is true, it doesn't mean that it doesn't stay with the child the rest of his or her life no matter how well the therapy worked.

 

no one would argue that. The question is whether death is the right penalty.

[Elixir Sue]

I would argue with Justice Kennedy that evolving standards of decency forbid capital punishment PERIOD. Still, this is a good result.

[renic]

full disclosure: this is something that happened in my immediate family, so its really difficult for me to objectively say this doesn't warrant the death penalty.

[jenbobblehead]

I doubt that perpetrators of child rape have a very good time of it in prison. I would imagine, however uneducated I may be on the subject, that death may be preferable. So i say, life in prison, being tortured by your fellow man works for me.

[quarter23cd]

But doesn’t the court have a responsibility to put aside or at least minimize the emotional response to a case such as this? On an emotional level, it could certainly be argued that the rape of a child is even more repugnant than the rape of an adult, and I’d agree, but from the courts perspective, does that really matter?

Thank you, you beat me to it.

 

On emotional grounds, as a father, hell yes I'd want the bastard to fry. However, I would expect that a civilized and just society would be more levelheaded and try to dissuade my desire for vengeance rather than encourage it. Call me crazy. Even if you are a die-hard "an eye for an eye" person, this is more like "a head for an eye". As repulsive as the crime is, the punishment doesn't fit.

[MattZ]

I would argue with Justice Kennedy that evolving standards of decency forbid capital punishment PERIOD. Still, this is a good result.

 

Amen.

 

Although Alito, Scalia, Thomas, etc would tell you that evolving standards of decency are irrelevant.

[bleedorange]

Thank you, you beat me to it.

 

On emotional grounds, as a father, hell yes I'd want the bastard to fry. However, I would expect that a civilized and just society would be more levelheaded and try to dissuade my desire for vengeance rather than encourage it. Call me crazy. Even if you are a die-hard "an eye for an eye" person, this is more like "a head for an eye". As repulsive as the crime is, the punishment doesn't fit.

 

According to you, maybe, but not to the people of Louisiana where the law was passed (or the other states that had passed similar legislation).

[MattZ]

According to you, maybe, but not to the people of Louisiana where the law was passed (or the other states that had passed similar legislation).

 

The constitution trumps.

[bleedorange]

The constitution trumps.

 

The Constitution states that the death penalty for convicted child rapists is cruel and unusual?