Do you agree with the SCOTUS ruling on child rapists and the death penalty?

Yes, death penalty for murder only
15% (9 votes)
Yes; I don't support the death penalty
39% (23 votes)
No; rape should be considered
20% (12 votes)
No; it should be decided case by case
22% (13 votes)
Other
3% (2 votes)
Total votes: 59
Fallon's picture
Managing Director of Progressive U

Supreme Court rules that child rapists cannot be executed:
http://www.cnn.com/2008/CRIME/06/25/scotus.child.rape/index.html

Whispers Awnesty's picture
Volunteer for the Progressive U Alumni Association

Ah man I just saw that in this

Article

and was going to do a blog about it after the short ones go to bed. I wanted to get the word out because this is crazy. If a child rapist does not deserve to be killed who is. If it were up to me they would go out with a tree in every spare oriface...

Child rape is the worst kind of drime and for the most part steals their life from them before they even knew what it was.

There should be no question here..straight to the chair, no appeal... okay maybe not that extreme but I seriously have to consider it.

Oh and the 'case-by-case' option seemed redundant to me because I think all capital punishment is semi flexible and not applied to all.
~T

All truths are easy to understand once discovered; The point is to discover them ~Galileo

Fallon's picture
Managing Director of Progressive U

I added the case by case option because in murder cases, death penalty is decided based on what type of murder charges one is facing, generally first degree murder with aggravating factors. In rape cases, however, the degree classifications are rather different. Second degree rape, for instance, may include the use of GHB, which to me, would be just as severe as rape at gun point (which is often considered first degree rape) and rape of a child if the child is between 14 and 16 (in some states) is considered third degree rape. Given the classifications, trying it on a case to case basis would make more sense than on a degree classification system since rape of some children (those aged 14 in some states) would mean you weren't eligible for the death penalty while rape of others would mean you were. And then, of course, you have statutory rape which is by law, considered rape of a child. Taking it on a case by case basis, you get to take into consideration all factors in reaching a verdict and not be tied to a classification that may or may not take into consideration all factors. Does that make sense?

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~Fallon~

"If I fall asleep with a pen in my hand, don't remove it - I might be writing in my dreams."- Pace
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Member of the Progressive U Alumni Association

Rape a child and "ride the lightning".

Poison_Ivy's picture
Member of the Progressive U Alumni Association

I chose case-by-case because I started thinking about the mentality of the offender. If someone with a mental disability rapes but really has no clear idea of what he did, then maybe the death penalty shouldn't apply. Of course, they would deserve punishment, but if someone doesn't know that what they did was wrong and has the ability to learn that it's wrong and to never do it again.....well, I am not sure if a case like that would ever exist, but if it did...

orochigenocide's picture

I chose yes, but I'm still ambivalent about this.

Death penalty opponents contend, among other things, that it could give attackers a reason to murder their victims. In Wednesday's ruling, Anthony Kennedy agreed, writing: "A state that punishes child rape by death may remove a strong incentive for the rapist not to kill the victim."

-CNN

Hmm. . . I'm not sure if I read that correctly, but wouldn't it be a lose-lose situation either way? If someone is going to be sentenced to death because they were convicted of raping a child, I don't see why they should have an incentive to kill their victim because that'll also get them the death penalty.

If child rapists get sentenced to life in prison, maybe that'll teach 'em if they themselves get raped there. Silly

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Fallon's picture
Managing Director of Progressive U

If they know they face the death penalty for raping the child, it could look like a better deal to go ahead and kill the child. Looking at it that way, if you're convicted of the rape, you're going to die. But, if you kill the child, you don't have the potential witness and if you do happen to get caught anyway.. you were going to be given the death penalty anyway... better chance with a dead witness than an alive witness that you'll never be found out. Of course, I don't know that that's the case, but I can imagine people weighing those odds and figuring that it's easier to keep someone quite if they aren't alive to blame you.

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Free books need new home.
~Fallon~

"If I fall asleep with a pen in my hand, don't remove it - I might be writing in my dreams."- Pace
-----

embryowassup's picture
Member of the Progressive U Alumni Association

I find it amusing that the legal system still believes that people actually think of the punishment when they're committing the crime.

--Mike

Poison_Ivy's picture
Member of the Progressive U Alumni Association

I was just thinking the same thing. If someone intends to rape someone or kill someone, do you honestly think they will drive out to the state that has the weakest punishments in those areas? If that were the case, no murders would be committed at all in states with capital punishment. People give criminals way too much credit sometimes....

sonja's picture
Member of the Progressive U Alumni Association

... and a lot of friends that have been through the system, I can confidently say that in most cases, punishment is never a forethought in any crime. That would imply that a person was in his/her right mind and premeditated the crime. Rape (usually excluding date rape) isn't something a person just decides to do one day. It's something that has been in the mind of the rapist for a while. I'm not trying to say it frees them from guilt, just that I don't see murder as a proper punishment for anything.

-Sonja Oh please Oh please Oh please...
"Democracy works only when you vote. When you don't take the time to vote for the candidate you find the least offensive, you run the risk of electing the candidate you find the most offensive."

TomorrowToday's picture
Member of the Progressive U Alumni Association

Although I am not personally dead set against the death penalty as a general matter, I do understand the arguement against it in any case, including child rape. This is one of the most detestable crimes in existence and those who are convicted should be punished to the full extent of the law, but the death penalty is not necessarily the best option.

It costs so much to put a man to death and the court system has to be delayed for many years to finalize the sentence and actual go through with it. Much more expense than putting such a man in solitary confinement with 23+ hours stuck in a cell with no human contact.

Plus, as it has been mentioned before, crimes against children are way down on the prison heirarchy making him the punching bag/target practice.

barefootboy's picture

I agree with the ruling. The death penalty, if applied at all, should be reserved for premeditated murder. We have to remember, also, that in the legal context of "child rape", any sort of penetration by either party would qualify--there doesn't have to be any force or violence used (although the word "rape" colloquially implies a violent act.) Even if you think the defendant in the SCOTUS case might deserve the death penalty, a law like this could just as easily end up being applied to Michael Jackson or R. Kelly or someone's pervy Uncle Ernie. That's too great a risk to take just to "upgrade" a few genuine creeps from life imprisonment to death row.

mvenus929's picture
Managing Director of Progressive U

Well, beyond just being opposed to the death penalty as it is now, I think that rape as a whole needs to be given more attention. Yes, child rape is bad, but so is general rape of an adult, whether male or female. And most rapists are repeat offenders that are also criminals in other ways. I'd rather focus our attention on just getting these people convicted and off the street rather than try to go for the death penalty on only a handful of them.

~C
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Miss_Stoic's picture

I agreed with the ruling. I've lately found myself more and more disagreeing with the death penalty. I don't believe it's right for one person to take the life of another, regardless of whether it's the government pulling the switch or some guy off the street pulling the trigger - it's immoral no matter which way you look at it (in my opinion).

Child rape is a horrific crime and should be punished to the fullest extent that it can. However, I don't see it warranting the death penalty. I think it would be better to just let the person rot in prison for the rest of his/her life and be used as target practice by the other inmates.

chelsea.correa929's picture

I go with the eye for an eye thing. those people should have to go threw everything thing they did to that child everyday for 6 months, then they shoul die by being stoned to death.
Hurting an innocent child for no reason is the lowest thing anyone could do,

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SaxPlayer2's picture
Member of the Progressive U Alumni Association

I'm an absolute 100% yes. When does it ever make sense to kill someone for a punishment for a crime? I'm with Miss_Stoic, its immoral to kill someone whether its on the street or in the clink. If we sentence someone to die, how does that correct their actions?

Death is such an easy way out for these criminals. Instead, they should be forced to deal with their actions and the consequences for their entire lives. The death penalty is almost like a luxury, they should have to experience everything that comes about with the label of child rapist.

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elizabeth.hyder111888's picture

1. If a child is just molested then they should get at least 20 years in prison
2. If a child is raped then they should get life in prison
3. If a child is raped then murdered or just plain murdered then they should get the DEATH PENALTY!!!!

Nothing but satan's demons!

embryowassup's picture
Member of the Progressive U Alumni Association

I voted "Yes, I am against the death penalty", but upon further consideration, I'd like to change my vote to "other" because I think the SCOTUS had no place passing a ruling on this. This is an issue reserved for the states, not the federal government.

--Mike

sonja's picture
Member of the Progressive U Alumni Association

I'm not a supporter of the death penalty, especially when so many cases have been turned over due to DNA evidence.

Most children are molested or raped by a family member. I think that's way too much pressure to put on a child- knowing that turning the rapist in would possibly kill their family member. I think it's better that all are turned in, and not feeling guilt of a life taken because of it.

Rape survivors of any age are changed forever. I don't dispute that at all. I think if there was true rehabilitation in prisons, it would make a big difference.

-Sonja Oh please Oh please Oh please...
"Democracy works only when you vote. When you don't take the time to vote for the candidate you find the least offensive, you run the risk of electing the candidate you find the most offensive."

kablock's picture
Member of the Progressive U Alumni Association

You make an excellent point here. Family members who rape children can use all sorts of coercion techniques to get the child to stay quiet about it, putting the death penalty on rape cases would just add one more: "If you tell, Daddy will die and it'll be all your fault." One more pain for that child to have to live with, too.

I'm also against the death penalty in any case. It doesn't bring any true satisfaction to the victim's family and it doesn't keep crime down. It's also a far too final punishment for a justice system that cannot possibly get it "right" 100% of the time.

Besides, if someone hurt or killed one of my family members or friends, I think a lifetime in jail thinking about what they've done is much more fitting.
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sonja's picture
Member of the Progressive U Alumni Association

I wasn't talking about the coercive means rapists will have. The coercions they use now are pretty powerful. I'm thinking about the child's trauma. It is trauma to be raped. It is trauma to relive the rape on the stand. It's just too much trauma for a child to know that s/he is (only in her/his mind) responsible for the death of a person.

Most rapists are just sick. I don't think anything will deter that, even the threat of death. In many prisons, criminals that did molest or rape kids are then rapes or beaten by other prisoners. If you're all about an eye for an eye, I think a lifetime being raped and beaten is as close as you can get.

-Sonja Oh please Oh please Oh please...
"Democracy works only when you vote. When you don't take the time to vote for the candidate you find the least offensive, you run the risk of electing the candidate you find the most offensive."

Poison_Ivy's picture
Member of the Progressive U Alumni Association

Just out of curiosity, what is the cost savings putting a child rapist to death as opposed to life in prison? With the overpopulations of prisons and the rising cost of living and poor economy, wouldn't it be a wise financial choice to just put them to death and be done with it? I mean, we don't want a child rapist to be put back on the streets where they could possibly get their hand on more children....

mvenus929's picture
Managing Director of Progressive U

I don't have figures, but the bulk of the cost of putting someone to death is the cost of the DA charging them, and dealing with all the appeals (they get like 3 chances to appeal). If the person's attorney is court-appointed, that doubles the cost. They want to be as sure as possible that the victim is actually guilty in capital punishment cases, whereas that's not the utmost concern with life sentences, because they can appeal later, and have the chance at parole, etc.

Basically, in a life sentence, you get the same cost spread out over... a lifetime. In a capital punishment case, all those costs come in a very very short amount of time, comparatively, so it costs more in the long run.

Besides, if prison labor is intensified, prisoners in prison for life might actually generate some sort of revenue, whereas a person killed by the system obviously would not...

~C
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sonja's picture
Member of the Progressive U Alumni Association

Did you hear about the inmates helping with flood relief? http://www.doc.state.nc.us/NEWS/2001/releases/fieldofdreams.htm
There are other prisons in other areas of the country that are giving labor to help rebuild, this was just the first one I saw.

I know it varies from state to state, but nobody rushes the death penalty. There is a long term prison sentence before the penalty is carried out. It's so costly...

I read a case a while ago where a child accused her father of molestation. After going through hell, it turns out the parents were going through a divorce and she wanted full custody and revenge on her soon-to-be-ex. She coached her kid! I think it's disgusting, and she should have been charged with putting those thoughts in her kids head. Kids are impressionable and that child might actually remember that it did happen, even though it didn't.

-Sonja Oh please Oh please Oh please...
"Democracy works only when you vote. When you don't take the time to vote for the candidate you find the least offensive, you run the risk of electing the candidate you find the most offensive."

Carrot's picture
Member of the Progressive U Alumni Association

I'm usually a pacifist, but I've swung full-circle on this issue, or on the death penalty in general...in high school, I wrote a paper about how the death penalty was a bad thing, because I believed it perpetuated violence in our society, but now that I've worked in a domestic violence shelter and met little kids who've been raped by their dads and have huge emotional baggage because of it, and seen a four-yr old right after she was raped by her mom's boyfriend, shaking like a leaf and unable to speak to us; well, men like that probably deserve something worse then death; maybe a life with no penis or balls...that seems like a fair punishment to me. Anyone who rapes a child, or anyone for that matter, should probably have his or her genitals removed...I mean obviously that person doesn't know how to use them responsibly. I'm all for street justice and striking (an organized sex strike,) against men collectively until they learn how to be decent humans...I mean, really that is all women and children ask, but many men don't seem capable of that even!

Why is this still happening? How can we stop it? Why was I sexually harrassed in a terrible way while waiting for the bus tonight? Why didn't I stand up for the little girl I saw about a month ago being sexually harrassed on the bus by a middle-aged man?

The world is fucked up...
Love ya,
Carrot

sonja's picture
Member of the Progressive U Alumni Association

The world is very fucked up. It doesn't sound like you're completely pro-death penalty though. From what I understand, chemical castration is often mandatory in certain sex crimes. That requires the guilty party to continue with it. I have no issues against physical castration, although there is no proof that would even help the urge.

-Sonja Oh please Oh please Oh please...
"Democracy works only when you vote. When you don't take the time to vote for the candidate you find the least offensive, you run the risk of electing the candidate you find the most offensive."

A Certain Saint's picture

A child rapist should be put to death. He should stand trial as the Constitution allows and then, if found guilty, should face death. And not lethal injection. A child rapist should be hung by the neck until dead.

Child rape is abhorrent in all forms of the act and should not be tolerated. While I am all for personal expression, freedom, and freedom of exercise, I do not feel that one person's rights allow them to violate the rights of others.

However, I do not know if I would support the death penalty for a "run of the mill" rapist. I certainly would want them to be thrown in prison (federal "pound-you-in-the-ass" prison), but I'm unsure about death. Case by case for rape of a victim over the age of 18?

-acertainsaint-

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