Wednesday, June 25, 2008

Execution of Child Rapist = Cruel and Unusual Punishment?


Today must be a full moon, because this is the second story today that has ruffled my feathers. The Supreme Court today, has rules that child rapists cannot be executed, because among other things, it would be cruel and unusual. Now, I would love to hear why this is cruel or unusual.

The case at hand involved a stepfather, Patrick Kennedy, who raped his 8-year-old stepdaughter. There are way too many sources to list, but I think we can all agree that the gill will never be the same. Outside of the physical of injuries could may heal, this man has essentially killed the girl's innocence, childhood, and trust. But the Court's majority has decided that killing this man would be excessive, because executions should only be limited to cases where the criminal committed intentional first-degree murder. There is no doubt that this man's actions were intentional. As an aside, if this girl is now unable to bear children, would the court find castration an acceptable punishment or is that cruel and unusual too?

The Court stated that criminal punishment is limited to only the worst of crimes, I have to wonder how much worse is murder to child rape? I am by no means arguing that capital punishment is appropriate in all rape cases (although I am against rape is all fashions). I do believe that it should be on the table for prosecutors to utilize in the cases which they feel it is necessary, such as this one. The fact that people are arguing that if the death penalty was applicable to rapists, then they would be more inclined to kill their victims is ludicrous. Studies have shown that most criminals do not limit their actions based on the repercussions, and that is especially true in the case of a violent or deviant perpetrators. And even if this was true, then is it possible that by increasing the penalty, more people would be deterred from raping a child? The argument could clearly swing both ways. Rarely am I so critical of a Supreme Court decision, but I do have say, WHAT IN THE WORLD ARE THEY THINKING?

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