Jun
Supreme Court Against Death Penalty for Child Rapists
In a 5-4 decision today, the Supreme Court once again showed that they are more swayed by public opinion and their own thoughts than by the governing document that they are supposed to use, the Constitution.
The High Court ruled that child rapists could not be sentenced to death because that violates the Eighth Amendment, which reads:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Somehow, the court can take this to mean punishment is sometimes cruel and unusual and sometimes not, based upon the crime. Here is why I say they look toward public opinion rather than the Constitution:
“The harm that is caused to the victims and to society at large by the worst child rapists is grave,” [Justice Samuel] Alito wrote [in the minority]. “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.”
Kennedy also acknowledged that the decision had to come to terms with “the years of long anguish that must be endured by the victim of child rape.”
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.”
Even opponents of the Louisana law agree what their action would be:
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.
This will also lead to a reversal of the sentence of another Louisiana man, ”Richard Davis was sentenced to death in December for repeatedly raping a 5-year-old girl in Caddo Parish, which includes Shreveport.” Wow! I really can’t think of any more fitting punishment than the death penalty for this man. However, 5 justices have overturned this.
