Louisiana Child Rape Law Overturned by US Supreme Court

**rock_lobster** · 06-26-08, 05:16 AM

http://www.995fm.com/cc-common/news/...rticle=3874974

If I'm reading correctly, Louisiana Law Stated that the death penalty could be imposed on an individual convicted of child rape.
Not just rape, child rape. This doesn't mean a garunteed death sentence, but it does allow the court to impose it in the case of child rape.

The U.S. Supreme court ruled 5-4 (ironically the 5 ruling to overturn were liberal and the other 4 were conservatives) to overturn the Louisiana Law. So no more can the Death Penalty be imposed in cases of child rape.

"The death penalty is not a proportional punishment for the rape of a child," says Justice Anothy Kenny (listed in article)

Any thoughts? Please keep replies tasteful and civil, as I'd like to have a mature discussion about an interesting topic.

**Scrum** · 06-26-08, 09:40 AM

I think in certain cases it absolutely is a proportional punishment for the crime. Let's say this F-ed up Rapist goes and brutely rapes some poor 8 yr old girl who sits in the hospital and can never have children again. You're damn right it fits the crime, fry that ass!

I think it should definitely be an option. Otherwise throw their ass in jail for life.

**Tractorpull** · 06-26-08, 09:43 AM

Definitely proportional to the crime. I think they they should be drug through the street so that regular joes like me or you can get a crack at them.

But you might not want to listen to me since I am the guy who wants to bring back the public flogging.

**Consultant** · 06-26-08, 09:49 AM

Generally I am opposed to the death penalty, I believe that nobody is so bad that they can't be redeemed...maybe thats a little pie-in-the-sky, but it's what I believe.

However, when you start talking about child predators, I kick into father-mode and I say that the State doesn't have to kill the guy, I'll do it.

Of course, putting him in prison where he will probably be suffering the rest of his life in general population as some dude's prison girlfriend may be worse punishment than the death penalty.

**Consultant** · 06-26-08, 09:52 AM

Jeffrey Dahmer wasn't given the death penalty for his 17 murders, instead he got 957 years in prison, where he survived one attempted murder and was then later beaten to death with a bar from a weight bench...

I'm pretty sure his time in prison was worse punishment than a needle in the arm and falling asleep while in some pain.

It's like Stephen Segal said, "Anticipation of death is worse than death itself."

**DeusInnomen** · 06-26-08, 10:07 AM

I find the act despicable and, frankly, sending them to prison with that kind of reason over their head is practically a death penalty by itself.

However, legally speaking, the SCOTUS is correct in that the death penalty is only authorized in crimes that result in the death of somebody. See also, http://www.deathpenaltyinfo.org/arti...cid=29&did=192, for a list of laws that allow for the death penalty as a just punishment. Note that in all of the laws listed here, the result was death or actions leading to death. An example of this is the case of espionage, where it's very specific that the treason had to have resulted in the death of an agent of the United States:

Originally Posted by 18 USC 794(a) (subquoting second half)

... shall be punished by death or by imprisonment for any term of years or for life, except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that the offense resulted in the identification by a foreign power (as defined in section 101(a) of the Foreign Intelligence Surveillance Act of 1978) of an individual acting as an agent of the United States and consequently in the death of that individual, or directly concerned nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.

Source: http://www.capdefnet.org/fdprc/conte...18_usc_794.htm

If this is something people feel that strongly about, then a new article needs to be passed to allow for this exception, but the precedent is fairly eye-for-an-eye: death begets death.

**Gumby** · 06-26-08, 12:21 PM

Even Barrack Obama said this was a bad ruling.
The reason it is bad is that it further erodes state's rights.
The Feds do not need to be involved in this one since it is not a federal crime.
The brutal rape of a child is worse than murder if you ask me and the legislatures in Oklahoma, Texas, and especially Louisiana agree.
But the big bad federal government overturned that since I guess they know whats best for Louisiana.

Does anyone remember the 10th amendment? For those that do not know, that is the last of the Bill of Rights that has been used as toilet paper since 1860.

**PizzaSHARK!** · 06-26-08, 12:48 PM

Death penalty isn't nearly severe enough for depraved lunatics like them.

Nor is public flogging :P

**DJ Ms. White** · 06-26-08, 01:56 PM

From what I've heard, the good news out of this is that child predators are treated like scum by all other prison inmates. Even those guys can't stand them.

**DeusInnomen** · 06-26-08, 02:02 PM

Originally Posted by DJ Mr. White

From what I've heard, the good news out of this is that child predators are treated like scum by all other prison inmates. Even those guys can't stand them.

Yeah, that's kind of my angle here. You want to REALLY give the death penalty to a child rapist? Send them to an all-women's prison and notify them a week in advance. The guy won't last 12 hours.