Comments on: Death Penalty for Child Rapists Held Unconstitutional by the U.S. Supreme Court http://blog.lawinfo.com/2008/06/25/death-penalty-for-child-rape-held-unconsitutional-by-the-us-supreme-court/ Lawyer Blog | Attorney Blog | Read and Post Fri, 20 Nov 2009 20:47:12 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: Lindsey http://blog.lawinfo.com/2008/06/25/death-penalty-for-child-rape-held-unconsitutional-by-the-us-supreme-court/comment-page-1/#comment-3432 Lindsey Tue, 01 Jul 2008 16:39:18 +0000 http://blog.lawinfo.com/?p=2514#comment-3432 “G from Canada” makes a good point about the policy considerations underlying the majority opinion. Justice Kennedy reasons in the opinion “… [a]s to deterrence, the evidence suggests that the death penalty may not result in more effective enforcement, but may add to the risk of nonreporting of child rape out of fear of negative consequences for the perpetrator, especially if he is a family member.” Further, Kennedy points out “…[a]nd, by in effect making the punishment for child rape and murder equivalent, a State may remove a strong incentive for the rapist not to kill his victim.” “G from Canada” makes a good point about the policy considerations underlying the majority opinion. Justice Kennedy reasons in the opinion “… [a]s to deterrence, the evidence suggests that the death penalty may not result in more effective enforcement, but may add to the risk of nonreporting of child rape out of fear of negative consequences for the perpetrator, especially if he is a family member.” Further, Kennedy points out “…[a]nd, by in effect making the punishment for child rape and murder equivalent, a State may remove a strong incentive for the rapist not to kill his victim.”

]]> By: JT http://blog.lawinfo.com/2008/06/25/death-penalty-for-child-rape-held-unconsitutional-by-the-us-supreme-court/comment-page-1/#comment-3430 JT Mon, 30 Jun 2008 15:44:36 +0000 http://blog.lawinfo.com/?p=2514#comment-3430 I noticed the article mentioned the "eye for an eye" phrase that brings to mind the Old Testament, however in the Old Testament all rape merited the death penalty. Although public opinion and outcry may rise and fall on various subjects I personally think the "Old" way is the best way in this matter, especially for child rape. I have to acknowledge that my opinion is biased due to personally knowing several victims of rape, but after listening to their stories I don't see how anyone could have sympathy on a person who has animal like predatory impulses. I noticed the article mentioned the “eye for an eye” phrase that brings to mind the Old Testament, however in the Old Testament all rape merited the death penalty. Although public opinion and outcry may rise and fall on various subjects I personally think the “Old” way is the best way in this matter, especially for child rape. I have to acknowledge that my opinion is biased due to personally knowing several victims of rape, but after listening to their stories I don’t see how anyone could have sympathy on a person who has animal like predatory impulses.

]]> By: G from Canada http://blog.lawinfo.com/2008/06/25/death-penalty-for-child-rape-held-unconsitutional-by-the-us-supreme-court/comment-page-1/#comment-3429 G from Canada Mon, 30 Jun 2008 14:21:48 +0000 http://blog.lawinfo.com/?p=2514#comment-3429 All criminals that commit acts of violence against anyone need to punished. Life in prison is a sentence that likely would serve the interests and protection of children. Once child rape becomes a capital offense, we will rarely have the opportunity to try offenders for that crime, we will be trying them for murder. Capital punishment is the natural response we have to cases like this, we are all horrified. We need to take a deep breath and realize that child rape punishible by death will result in offenders killing the victim. If we are serious about dealing with offenders to protect children, let's lock them up for periods of incarceration in excess of 25 years. Justice Kennedy may in the back of his mind viewed the slippery slope that may have ensued has the death penalty been allowed in this case. All criminals that commit acts of violence against anyone need to punished. Life in prison is a sentence that likely would serve the interests and protection of children.

Once child rape becomes a capital offense, we will rarely have the opportunity to try offenders for that crime, we will be trying them for murder.

Capital punishment is the natural response we have to cases like this, we are all horrified. We need to take a deep breath and realize that child rape punishible by death will result in offenders killing the victim.

If we are serious about dealing with offenders to protect children, let’s lock them up for periods of incarceration in excess of 25 years.

Justice Kennedy may in the back of his mind viewed the slippery slope that may have ensued has the death penalty been allowed in this case.

]]> By: maggie valenti http://blog.lawinfo.com/2008/06/25/death-penalty-for-child-rape-held-unconsitutional-by-the-us-supreme-court/comment-page-1/#comment-3425 maggie valenti Thu, 26 Jun 2008 19:40:56 +0000 http://blog.lawinfo.com/?p=2514#comment-3425 it's obvious, Justice Kennedy and his liberal cohorts are ruling against the will of the majority of people. (according to your own poll, I just participated in). This has got to stop....our most vulnerable citizens no longer have an recourse....their lives are ruined FOREVER and the perpetrators are alive to commit more atrocities! What a disgrace!!! it’s obvious, Justice Kennedy and his liberal cohorts are ruling against the will of the majority of people. (according to your own poll, I just participated in).

This has got to stop….our most vulnerable citizens no longer have an recourse….their lives are ruined FOREVER and the perpetrators are alive to commit more atrocities!

What a disgrace!!!

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