What do you guys think?

[sachiko]

DEATH PENALTY, CRUEL AND UNUSUAL PUNISHMENT, NON-HOMICIDE

Kennedy v. Louisiana (07-343)
Oral argument: Apr. 16, 2008
Appealed from: Supreme Court of Louisiana (May 22, 2007)

A Louisiana jury found Patrick Kennedy guilty under Louisiana's
aggravated rape statute of aggravated rape of his eight-year-old
stepdaughter. This statute provided a sentence of death for the
rape of a child under twelve years of age. After finding
aggravating circumstances, as required by Louisiana law, the jury
recommended that Kennedy be sentenced to death. After the
Louisiana Supreme Court affirmed his conviction and sentence,
Kennedy petitioned the United States Supreme Court to invalidate
the sentence on either of two grounds: first, that imposing a
death sentence for rape, where the victim does not die,
constitutes disproportionate, and therefore "cruel and unusual
punishment" under the Eighth Amendment; second, that the
aggravating circumstances in the case-that the offender was
perpetrating an aggravated rape and the victim was under twelve
years old-merely repeated elements of the underlying crime and
therefore did not sufficiently limit eligibility for a death
sentence to avoid arbitrary sentencing. Kennedy's first
contention asks the Court to revisit its decision in Coker v.
Georgia, which invalidated, on Eighth Amendment grounds, a death
sentence for the rape of a sixteen-year-old.

Continues: http://www.law.cornell.edu/supct/cert/07-343.html

[Fieldmouse]

I do think death penalty in rape cases is to harsh. However, I'm all for putting them in General Population and let peer review take its course.

On the other hand, these guys who kidnap, rape and do kill their victim, I believe at a minimumit should be handled the way it was a little over 100 years ago. Right after the trial, they were marched out of the court house up to a sturdy tree and hung. The old oak tree in my town was just cut down and some contraversy went along with it. It was the place the very last hanging took place after someone was found guilty of murder and the above events occurred. Personally, I would usher in death by torture in my kidnap, rape murder example.

[Aught Six]

I think rape is as serious a crime as murder. I'd prefer to see a life sentence, but either way, the most severe level of punishment is appropriate.

[bergall]

I take exception to the contention that a death sentence constitutes cruel and unusual punishment.
I do not believe the founders of this country believed it either, and meant it reference torture or some other
prolonged death or torturous physical punishment not culminating in death. Anti-death penalty types (especially those with an appointment with a hot needle or hangman's noose) try to put for the proposition that to comply with the 8th amendment, death must be painless and effortless.

I hope he loses. Further, I hope the SC affirms the responsibility of the individual states to determine what constitutes cruel and unusual punishment. This pig SHOULD swing, because while his victim did not die,
this little girl is scarred for life and may never view a man's act of love for her in any way other than with the horror she experienced at the hands of this subhuman. She may survive, just like burn or accident victims survive. They live, in a 'ruined' state, spending their lives coping. The little girl has my sympathy.
The animal who did this to her does not.


BTW: Along with defense of self, Rape and Kidnapping are crimes where lethal force is allowable to
prevent the crime from being committed. If a family member could have killed him to prevent
his act of violence BEFORE the fact, the state should be able to terminate this vermin AFTER
the fact.

[Fieldmouse]

Further, I hope the SC affirms the responsibility of the individual states to determine what constitutes cruel and unusual punishment.

Don't hold your breath for that. Our current SC has justices on it the don't understand their duty and their bounds. They refer to international law which is outside of their defined job. This is one reason I've pointed out Judges are accountable to know one when the make very bad rulings.

[bergall]

ORIGINAL: Fieldmouse

Don't hold your breath for that. Our current SC has justices on it the don't understand their duty and their bounds. They refer to international law which is outside of their defined job. This is one reason I've pointed out Judges are accountable to know one when the make very bad rulings.

I know....it blows me away how these can talk about the interpretation of American law, and then
quote some foreign gibberish as justification for a bad decision.

[Phil from Maine]

When it comes to kids I am not an easy person to get along with when someone does something like that to them. Whether they created murder or not raping a child has no excuses IMO! My form of punishment would be to harsh in some folks mind to post on here..But,I would guarrantee you it wouldn't be happening again by that person..

[salukipv1]

I too am against death penalty for any non death related crime.....more eye for an eye, though I'm still undecided on the death penalty, for/against, understand both sides just not sure I'm for either, we do need a prison reform in this country though.

attempted murder etc....could be grounds for death penalty,
I'm not saying a death has to have occurred, but that being the intention has to be......or the outcome.....

[bergall]

ORIGINAL: salukipv1

I too am against death penalty for any non death related crime.....more eye for an eye, though I'm still undecided on the death penalty, for/against, understand both sides just not sure I'm for either, we do need a prison reform in this country though.

attempted murder etc....could be grounds for death penalty,
I'm not saying a death has to have occurred, but that being the intention has to be......or the outcome.....

I don't know what you're talking about. You state you're against Capital Punishment and then you state you're for 'an eye for an eye' ? Child rapists should maybe be raped themselves ? Hmm...read the 8th Amendment. And what sort of prison reform might you be talking about ? I mean, do you favor an air-conditioned pinochle room with a capuccino machine, or should we make it so prisoners must attempt to survive a-la-Papillon ? (I'm voting for the Papillon scenario).

Any crime where an acceptable response is lethal force should command a death sentence upon conviction. THAT"S what makes sense.

[Canuck_Buck]

ORIGINAL: bergall

or should we make it so prisoners must attempt to survive a-la-Papillon ? (I'm voting for the Papillon scenario).

now that's an idea !....but did he not finally escape?