According to the front page of today's New York Times, the Supreme Court has decided in a 5-4 split that it is unconstitutional to put someone to death for child rape. Writing for the majority, Justice Kennedy drew a distinction between "intentional first-degree murder on the one hand and non-homicide crimes against individual persons," even such "devastating" crimes as the rape of a child, on the other.
Both McCain and Obama have come out against the Supreme Court's decision, according to the Times piece.
We're not 100% sold on capital punishment, but wouldn't most parents agree that the violent rape of children (or of women, for that matter) can in some circumstances be as worthy of the ultimate punishment as homicide or treason?
Anyone who followed the recent torture-rape of a college student here in New York will recall that she begged her assailant to kill her and even tried to kill herself during the ordeal. It's hard to argue that murder would have been much worse than what happened to her.
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Supreme Court Bans Death Penalty For Child Rape
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Reader Comments ( Page 1 of 5)
1. Yes, rape is worthy of the ultimate punishment in my opinion.
Rape can destroy a person's life, they may never live a normal life again after it happens. Venereal diseases, mental illnesses, physical damage, all kinds of lasting things can come from a rape.
Each case is different but if someone's life is ruined and won't be lived to its fullest due to rape then the toughest punishment available is necessary.
Amanda at 1:09PM on Jun 26th 2008
2. I wanna know where all the liberal womens groups are on this. They should be seething with anger.
I guess their own warped ideology prevents them from promoting an obvious self interest. Liberalism paints one in a corner sometimes doesnt it.
Reminds me of how they had to remain silent during that whole rape/intern/sexual harrassment/multiple affair fiasco of their last hero in the whitehouse.
german guy at 1:09PM on Jun 26th 2008
3. Amanda
Couldnt agree with you more. I cannot for the life of me fathom why womens groups arent just all over this issue. Seems insane to me. Then again, a lot about liberalism seems insane to me.
german guy at 1:13PM on Jun 26th 2008
4. If it was my child, you better believe I'd want to kill someone myself - people want others to die for less. However, in a civilized society, punishment should follow along the eye for an eye scenario and putting someone to death for rape goes way beyond this. I am a victim of rape myself and I understand the feelings of the victims, but it is a question of doing what's right, not focusing on vengeance.
thinkin at 1:29PM on Jun 26th 2008
5. If a child rapist is risking execution, he or she has nothing to lose and everything to gain from murdering the child.
Captain Negative at 1:42PM on Jun 26th 2008
6. Damn Ada, nice piece of writing and I agree with you 100%.
Willet at 1:45PM on Jun 26th 2008
7. Thinkin,
Thank you for being a force of reason. It is beyond me why a scumbag like 'german guy' would use such a horrific story to take a crack at liberals. Are republicans so full of hate they will take any oppertunity to tell everyone else how wrong they are?
Anyway, I agree with you. This man was clearly a danger to society. I have to wonder if people like him are screened for possible post-prison violence before they are released. I don't see how anyone in good faith could release a man convicted of attempted murder. That just tells me he'd try it again. I'd be interested to read about the case that got him those 8 years in prison.
As far as capital punishment goes, I don't think taxpayer money should be used to kill (MURDER) people. Murder is murder is murder. You can't sugarcoat it. The government is using our money to put people to death. At the very least, if someone disagrees with the death penalty their money shouldn't go towards supporting it. I would personally like all my tax money to go towards supporting lifers (if it has to go at all, that is) since I do not think that we have reached the pinnacle of crime scene investigation. (However, I think the case against the man in the story Ana referrenced is a slam-dunk situation.) Since 1973, 129 people have been released from death row. The most recent release was 5/2/08. That is evidence that plainly shows the justice system isn't perfect. I feel the government has no right to murder people if it can't even guarantee that the right man or woman was caught.
K at 2:18PM on Jun 26th 2008
8. Just curious - - and I had mentioned this to a friend of mine when discussing this issue last night - -
what if the rape had happened to an eight year old boy? Aida, you have a reasonably rational piece here, but your parenthetical "or of women" just speaks to the discrimination of men and boys who are subject to rape. If a punishment is going to apply for rape, it applies to rape of all kinds - -
Women are not the sole victims of violent sexual offenses, and to include them in the discussion that is centralized around child rape, to the clear exclusion of boys and men, is a sad statement on the idea of what makes a _victim_
I am against the death penalty in all cases. This is a horrific and highly emotionally charged issue, but, I do believe the supreme court ruled correctly.
matchboxchic88 at 2:23PM on Jun 26th 2008
9. I can't say that I'm entirely against the death penalty. If you take someone's life, you should be prepared to lose your own. I just think the punishment should fit the crime, and rape of anyone regardless of age or gender, as heinous as it is, does not warrant a death sentence.
thinkin at 2:33PM on Jun 26th 2008
10. I have mixed emotions on the Death Penalty. I certainly believe that a murdered has given up his life the moment he takes innocent life. Where my problem lays is with the judicial system and the amount of time and tax payer money it takes to finally put the needle in these scumbags arms. Take the example of Scott Peterson, he kills his wife and unborn baby, is found guilty of the Capital crime, but will probably be on Death Row for at least another 18 years. To me that's hardly a deterrent to murder. I believe Life in Prison with no possibility of parole. No TV, no work out areas, no basketball, no mail, no human contact other then their lawyer is the way to go. Solitary confinement for 23 1/2 hours a day for the rest of their lives! That's worse than death. That's all they deserve. The same goes for Child Rapists and Molesters. You can't make people stop committing crime, if they have no fear of prison. For a lot of these vermin, prison is a better life than they currently have.
Vitriolic Conservative at 2:51PM on Jun 26th 2008
11. Maybe you should be out there picketting, "german guy," instead of ... what NOW? Blaming "women's groups" because the Supreme Court's living in the stone age? Do something about it your OWN damned self!
german guy: "I guess their own warped ideology prevents them from promoting an obvious self interest. Liberalism paints one in a corner sometimes doesnt it.
Reminds me of how they had to remain silent during that whole rape/intern/sexual harrassment/multiple affair fiasco of their last hero in the whitehouse."
-----------
You can't Really believe any of that garbage, can you? Are you really THAT inbred, or is it just an envious fear of women? Get the sex change; buy a dress, and get over it.
Maybe you should find some other "demon" to blame the moral and legal mistakes in this country! y GOD, talk about "just looking for an excuse [to blame 'women']"
aine at 3:06PM on Jun 26th 2008
12. I am against the death penalty in all cases. This is a horrific and highly emotionally charged issue, but, I do believe the supreme court ruled correctly.
matchboxchic88 at 2:23PM on Jun 26th 2008
--------------------
Well matchboxchic, you obviously haven't been raped. Wanna BET how fast your mind would change if you were tortured?
aine at 3:14PM on Jun 26th 2008
13. Ada, I agree with you...to close the door on the death penalty in all cases of rape is extreme. I have usually been against the death penalty with few exceptions (Ted Bundy, John Wayne Gacy, serial type killers). But a child who has been horribly raped and brutalized is another matter - some who do this are beyond redemption. But I can also see death penalty happy folks who want to execute anyone ever convicted of any rape of anyone - some can be wrongly accused and convicted and have been - let's be honest.
David S. at 3:38PM on Jun 26th 2008
14. Aine,
Blind vengeance should never be a part of the judicial system of America.
K at 3:38PM on Jun 26th 2008
15. Any of our minds would change after being tortured, Aine. But it's an emotionally charged desire, not a rational, unbiased, appropriate punishment that fits the crime. Mediators, juries, judges, they are all necessary in order to sort through the emotion and rage and get to a just resolution.
With all of the flaws with our legal system, swift executions don't seem to be a good idea. There are way too many instances where it has been shown that a mistake has been made. Until we can get this down to a "more exact science", the lenth of time executions actually take to be carried out appears to work in society's favor at large. Either wya, those persons are off the street whether they are executed toady or ten years from today. Yes, it is an expensive prospect, but a major overhaul needs to be done on our whole prison system in order to avoid repeat offenders, etc. which would result in less money spent accross the board.
thinkin at 3:43PM on Jun 26th 2008