The Swamp
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Posted April 14, 2008 10:31 AM
The Swamp

by James Oliphant

The state of Louisiana says Patrick Kennedy raped his stepdaughter. The question now is whether he should die for it.

The answer has consequences for the nation's criminal justice system. If the U.S. Supreme Court allows Louisiana to execute Kennedy, he would be the first person in America put to death in almost half a century for a crime that didn't involve taking the life of another person.

Kennedy was convicted in 2003 of assaulting his 8-year-old stepdaughter and sentenced to death. Louisiana is one of a handful of states that have made the rape of a child a capital crime. His challenge to that law comes before the high court on Wednesday.

Kennedy's lawyers argue that the law is a violation of the Constitution's 8th Amendment, which forbids cruel and unusual punishment.

While the law that will guide the court's decision is modern, the justices' inspiration reaches back beyond the Bible. The concept of "an eye for an eye" was written in Exodus and, before that, by the ancient Babylonian ruler Hammurabi. Accordingly, the justices will have to decide whether Kennedy's sentence is "proportionate" to his crime.

For four decades, absent such high crimes against the nation as treason, American law has mostly drawn a line when it comes to the death penalty: Only death warranted death. Any lesser crime, even rape, invited a lesser punishment.

Now the justices may be poised to rewrite that rule, potentially opening a series of questions about what other offenses merit the ultimate, irrevocable penalty, and perhaps inviting states to broaden the class of residents on Death Row.

Read the full story at chicagotribune.com.

Read the briefs in the case here.

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Comments

I think so, it certain circumstances.


Well, I would consider an adult raping a young child to be cruel and usual punishment. More than likely, this girl is scarred for life. In many ways her life has been ruined.
While I am not sure if child rape does in fact warrant the death penalty, what does irritate me is the Left continually going to bat for child rapists. Leftist lawmaker after leftist lawmaker and leftist judge after leftist judge and leftist journalist after leftist journalist aid and abet child rapists ever day of the week. Why does the Left support the raping of children?


Yes. We have to send a message that only sexual intimacy between husband and wife is moral, decent and godly (open the Bible). All else is wrong and--in the case of rape--totally unacceptable in a civilized society. (Note: I am not advocating death for fornicators, adulterers or homosexuals, but their behavior, too, is condemned by God; not THEM but what they are doing. God wants them to STOP and change their ways, which will lead to forgiveness by Him.)


Just once I'd like to see someone debate this subject without making stupid, partisan comments. The left does not support child rape, and it's a ludicrous accusation.

In no way could I ever support the death penalty; as a clergywoman, I do not believe that we have the right to decide who lives & who dies; taking another's life only reduces us to the same level as the convict.

On the other hand, as a survivor of both molestation when I was a child, and sexual assault as an adult, I know the damage this causes to a person's psyche. If I were ever to support the death penalty, this crime would certainly warrant it.


John D's comments are patently false.
In fact, most of the earliest efforts to prosecute (men, I add--in authoritative households) child sexual abuse came from liberal, feminist women.
You know--the people the Obama campaign wants to throw off the bus now.
there seems to be a pattern emerging from not just the Obama campaign, but from the lips of Obama himself:
Exclude from the ‘movement’ or otherwise silence the non-enthusiastic or
‘offending’ middle aged white or elderly women.
Listen to the audio Mayhill recorded—and be sure to thank her and show your support for her. She will need it, if Tavis Smiley is any example of how people non-conforming to the Obama message of ‘hope’ get treated.
http://www.huffingtonpost.com/mayhill-fowler/obama-exclusive-audio-on_b_96333.html
His comments to the crowd that we need ‘new people’ in the Democratic party kind of chilled me to the bone. I find him very intolerant. I find his campaign intolerant. He responded to a question about his ability to really unite the party after such a divisive campaign by saying that “people get their feelings hurt” and they’ll be back (basically).
I don’t think that’s the case. People left his campaign because we felt it was using the wrong strategy and felt (but couldn’t quite put our finger on WHY it was fundamentally wrong-minded.


Death penalty is too easy on this guy. Give him life in prison and make him share a cell with big bubba.


A bullet in the back of the head for any adult man having any kind of sex with a child under 12 sounds good to me. Any man that does this has no usefull purpose in life
A bullit to the back of the head or string him up in the street


As a victim of my grandfather's rape at the age of six years old, I believe I could be considered an expert on this subject. After the rape, he told me not to tell anyone because they wouldn't believe me, they would believe him.

I lived with this secret until I was about 25 years old and found out that he had raped my cousins too. He told them that he would take them to the woods and bury them alive if they told anyone.

I am now 53 and still trying to sort out the effects of this crime committed against me. So far I've discovered that although this happened to me once, I have lived with fear every time I am alone with a man, distrust of everyone around me, and anger that comes from from all that and never really being allowed to be a little girl.

So do I think the man (who was my father's father) deserves death for what he did to me and my cousins?

Yes.


It's a horrible crime, but I'm not sure it merits a death penalty. Question: Does this mean pedophile priests and teachers would be sentenced to death, also?


I would have to say that he should die. The victims life is destroyed. Its time for him to pay the price. Rape is cruel and unusual. The death penalty is not.


"Why does the Left support the raping of children?"

Because you're a partisan hack? Negative props for using child rape to push your political agenda.


Why does the focus always seem to be on the rights of the offender rather than the rights of the victim? This kind of offender will NEVER be reformed and his act was so heinous that it really behooves society to remove him permanently from it.


"The question now is whether he should die for it."

Answer: Without a doubt and without hesitation. Even most convicts won't tolerate a child abuser let alone one that actually rapes the child so don't waste our money keeping him alive.


Live with no chance of parole. I don' think that the other inmates in any lock up look kindly upon these type of perverts. His life will be a living hell. Poor child - this will be a life long battle for her.


Pedophilia is not curable. The damage these baby rapers do is far reaching from destroying a child's life to perpetuating pedophilia through victims. I believe they should get the death penalty. More power to Louisiana in moving forward with this case.


YES!!!!!!! Absolutely... Children MUST be protected... They are not!

Under ALL circumstances! Any form of child abuse MUST be punished as the WORST OF CRIMES!

It was time the death penalty AND CASTRATION became the consequences of child abuse!

No questions asked!

Rhona Ottolina


I'm not a supporter of the death penalty, but I think that punishments could be better adapted to the crime, ie, a brutal crime deserves a brutal punishment. probably castration would be considered more cruel and unusual than death penalty, but hey, focus on the crime and fixing the problem, not on retribution (death penalty). I think that focusing on a solution rather than retribution is what distinguishes law and order from the savages (and the right wing... I just had to throw in some partisan fodder in keeping with the tone of the discussion, tongue in cheek of course)..


I believe that death in the case of child rape is should be reason for death. The child lives with this affecting all there life emotionaly and physically. In addition a pedophilia is not curable. Good job Louisiana!


Why does the focus always seem to be on the rights of the offender rather than the rights of the victim? This kind of offender will NEVER be reformed and his act was so heinous that it really behooves society to remove him permanently from it.

Posted by: Joe | April 14, 2008 11:44 AM

If we as a society could vote on whether people should be allowed to rape, we'd be pretty much unified against it. To that extent, we're all in favor of victims' rights.

Unfortunately, that is not the question. We don't decide in advance whether criminals may commit crimes. What we do decide is how we, as a country, should treat people in our custody. Do we stoop to the level of the lowest among us -- murderers -- or do we hold ourselves to a higher standard.

Death penalty advocates want to drag us down to the lowest level possible. It's not about the criminals, nor the victims. It's about "us" as a whole.


I can't believe the audacity of the lawyers or the offender trying to use the rule of cruel and unusual punishment to defend this guy! Hello, you raped a CHILD! Do you find this the least bit ironic? If the death penalty is cruel and unusual, then I say it fits the crime in this instance.


remember you need to understand what can get defined as child rape. Take the recent case where a boy was given oral sex by his underage girlfriend. This was consensual. Because she was under age, he is technically guilty of child rape. Who gets served by killing this boy ?

Before you can discuss the punishment you have to define the crime. Some adult that rapes a child by force, I would agree kill him, Society has zero use for him. Two teens having sex together, nope.


If not death, then the next suitable punishment is total and permanent castration (surgically, not chemically) followed by life imprisonment without parole.

However, since the rapist most assuredly destroyed a life in the process, I don't think the death penalty is too harsh.


I was raped for 9 years by a brother who is not w police officer. Yes, it did take my life for over 40 years. So, yes, it should take his too.


There is another solution--castration--if done at a hospital under anesthesia, it would not be considered cruel and unusual punishment. After the procedure, then stick him in a cell for life with Bubba.


Life without parole is my vote. I have great difficulty with the death penalty because there have been so many convicted and then found to be inocent. Just keep these guys in jail for life with no parole ever.


Just wanted to comment on an earlier comment regarding whether it is right for us to condemn this man to death. As a fellow human being, I have no right to impose a punishment upon another one without meriting the same because I am a criminal too (though not according to the laws of the United States but according to God's law). However, governments have been set up by God to enforce justice (Romans 13). So, while I mourn for the young girl and have compassion on the man who committed the crime, I am also glad that justice is enforced. This brings me to my knees because it reminds me that God is holy and does not tolerate sin. Let this be a reminder to all that unless we repent we will all perish.


I was never raped, but I was molested by my grandfather and by my father, his son. And the resulting damage will never go away. Technically I'm against the death penalty, but if there's anything that makes me want to see a man hang it's a case like this. A man who can rape a six year old, especially his daughter, cannot see her as human, and in my opinion is therefore less than human himself. I'd rather these people were put to death than stupid bank robbers who shoot at the wrong time and might in fact be able to understand what they did was wrong. Ultimately I think life in prison is just right, b/c most prisoners hate child molesters- plenty of punishement right there. But if this man isn't put to death, then no one should be.


Life with no possibility of parole is a better choice. People on death row usually sit there for years and years and years and cost the taxpayers an incredible sum. He should be forced to live out his life in the prison system, enjoying all that entails. Hopefully his family wouldn't feel compelled to spend much time worrying about visiting him there, since he's made his choice that he has no regard for his family. Besides, he would be surrounded by his new prison family, which is the perfect punishment and is what he deserves.


"Question: Does this mean pedophile priests and teachers would be sentenced to death, also?"

Yes.


I don't believe that death is the ultimate punishment even though it is irrevocable. Like millions of people, I have been subjected to an injection that renders me unconscious for the duration of a surgical procedure -- a preliminary pain avoidance event in the process of lethal injections. Neither do I favor the expense of long-term imprisonment. I do favor banishment, by gender, to a primal setting where the convicted individual would find only a primal setting where human labor would be required for survival. It would also allow for the possibility that an individual could be released from such confinement if new evidence established innocence.


Death is too easy on this guy. This poor girl is going to spend the rest of her life dealing with happened to her, so therefore this scumbag should spend the rest of his, in prison, getting raped and beaten himself, until his soul is taken away from him and he dies an old, shattered, forgotten shell of a man.


Death penalty is too easy on this guy. Give him life in prison and make him share a cell with big bubba.

Posted by: Jim | April 14, 2008 11:34 AM
I THINK JIM HAS THE RIGHT IDEA.

WHY DON'T WE START WORRYING ABOUT THE CURRENT SENTENCES NOT BEING CARRIED OUT TO THE MAX INSTEAD OF LETTING THESE GUYS OUT EARLY FOR GOOD TIME. JUST BECAUSE THEY DON'T HASSLE THE GUARDS THEY LET THEM OUT ONLY TO DO HARM TO SOME OTHER CHILD.


"Question: Does this mean pedophile priests and teachers would be sentenced to death, also?"

Unwanted sex, on anyone of any age, is the worst crime imaginable; they have to live with the memory of that invasion.

People who are caught and convicted of the crime deserve nothing less than annihilation. Period.


John D should seep back into the still-steaming pile whence he came.

Back on topic...

I believe rapists of adults should be chemically castrated and do prison time up to and including life. Length of sentence should reflect the particulars of the crime and/or conviction (questions regarding consent, evidence, method of force or coercion, related physical violence, etc should be considered)

Repeat rapists, and rapists of children, should undergo surgical (ie permanent) castration, and spend a minimum 30 years in prison.

However, these penalties should not apply to 'statutory rape' where the acts were consensual and the 'victim' is older than 14 and of normal intelligence.

The death penalty, if used at all, should apply only to crimes involving loss of life that are directly and unquestionably caused by the person convicted and are unusually cruel in their nature. Crimes of passion or committed in the 'heat of the moment' would generally not result in a death sentence.


While the crime is terrible, the death penalty is going too far. I am a death penalty advocate, but it should be reserved for crimes which involve murder. A rape is not a heinous enough crime to justify death. To think so is irrational. We cannot have a just system if we use the death penalty any time the crime offends us, personally or otherwise. The punishment ought to fit the crime. Shall we put to death all rapists? What about sex offenders? There is no moral difference between rape and sexual abuse. Maybe we should put to death common thieves, who also break a certain unspoken trust between individuals, and subsequently ruin lives. This is purely logical. Death is the highest penalty for crime. Rape is not the highest crime. The death penalty shouldn't even be an option in this case.


my best friend was raped by her father starting when she was 5 years old. I think two of her sisters and possibly her brothers were too. They would distract their father's attention and take his abuse to protect their younger siblings. She also protected me. I didn't find out about the abuse until years later. She was able to forgive him as he lay dying. On his death bed, he relived his own childhood hiding from his father, uncles and older brothers who had raped him. Part of me says, you bet! Child rapists should receive the death penalty, they can't be rehabilitated. Another part says, I don't know what the answer is.


Scott and Annie Oakley, it is FACT that liberal Democrats across the nation have pulled out all stops to prevent passing of Jessica's Law, which requires minimum sentences for child rapists. Democratic legislatures in states like California, Vermont, Massachusetts and plenty of others have either prevented those state's legislatures from voting on such legislation or even from such legislation from getting to the floor. It is FACT that trial lawyers, one of the biggest contributors to the Democratic party, have actively fought against tougher penalties for child rapists.
It is FACT that the ACLU has been helping the Man-Boy Love Association protect itself from lawsuits and legislation. NAMBLA actively enourages pedophiles from doing their things, even telling them how to do it and get away with it.
It is FACT that liberal judges throughout the nation have given six-month sentences, even only probation to child rapists and child rapists who rape the same child over periods as long as six years.
Those are the FACTS whether you like them or want to admit to them or not.


i think it is, rape kills an innocence that can not be restored or brought back to life, let him burn and do his suffering in the after life and everyone else who commits such crimes...


As a survivor of rape...I have often thought that just removing a particular body part would be justice enough. Then have the rapist imprisoned and have the other inmates "take care of him" for the rest of his sentence might be due justice.

Let them live a tortured existence for awhile. Maybe they will learn. Its not up to us to kill...let God decide.


i think it is, rape kills an innocence that can not be restored or brought back to life, let him burn and do his suffering in the after life and everyone else who commits such crimes...


As a survivor of rape...I have often thought that just removing a particular body part would be justice enough. Then have the rapist imprisoned and have the other inmates "take care of him" for the rest of his sentence might be due justice.

Let them live a tortured existence for awhile. Maybe they will learn. Its not up to us to kill...let God decide.


i think it is, rape kills an innocence that can not be restored or brought back to life, let him burn and do his suffering in the after life and everyone else who commits such crimes...


"the rights of the offender"

No, it's more about the rights of the state.The state should never be given the right to kill a citizen. Ever.


Rape of anyone is a horrible crime. Rape of a child is inhuman. I agree with a previous poster...death is too easy. If i were a family member, I wouldn't have reported him...i'd take him out to a secluded area and show him the wonders a ball peen hammer and a chisel can do.. That is the only justice i would accept. Keeping this waste of flesh alive in prison is an insult to that poor child.


Since political identity seems to be important here, I'll get it out of the way...I am Conservative. But, being Conservative doesn't mean I support the death penalty in any case, because I am against it.

The issue of punishment is difficult for me because our prison system is lacking any real punishment. Death, physical mutilation, and complete isolation are not viable alternatives, but HARD LABOR should be. It should be hard!

Crimes against children that are verified through more than circumstantial evidence deserve harsher penalties than those found in a prison cell, but exactly what...I don't know.


What if the rapist was a woman? Or can't women rape children? And does she get a bullet in the back of the head also?


Practically speaking, it costs more to the state to try to put him to death than to put him in a cell for the rest of his life. If the justice system in the south is all that it's supposed to be, the other inmates will take care of him in no time. Anyone remember what happened to Jeffery Dahmer?


As bad as the situation is, consider the need for consistent standards. We have a Roman Catholic priesthood being charged repeatedly with child rape, are we expecting to put all of the accused to death? Rape is bad but not fatal, I think it deserves a punishment more commensurate with the crime.


There must be separation of church and State. Please leave out all religious references to this situation.

As far as the death penalty goes, the event of rape to an 8 year-old probably fits "cruel and unusual punishment". Therefore, an eye for eye, he should receieve the death penalty.


Death is to kind for these sick Fkcus. It's unfortunate that relativists and weaklings have gotten hold of our judicial system. I at least take solace in the endlessness of his time in hell.


Why should these criminals be shown any mercy? They've destroyed a child.
Execute them. Swiftly. And, for good measure and, for some gleeful vengeance, as painfully as possible.


This man took it upon himself to sentence this child to a life of misery. Should he be sentenced to death "ABSOLUTELY! Let us no longer leave in the minds of these perverts that their crimes will go on with minimal punishment!"


Posted by: John D | April 14, 2008 11:07 AM

Why do hate America and the constitution? Even the most dispicable people and the crimes they committ are entitled to due-process and proper legal representation.

You seem to be against that notion.


The death penalty should never be an option in any case. It is statistically proven that it does not deter crimes. And its use is nothing more than blood revenge. Not justice.

You only perpetuate the "culture of death", that the Bush administration seems to love, with your devotion to the death penalty.

Only ignorant people believe in taking a life for crimes, because they live in fear and cannot find the courage to come up with other solutions.

And to believe I am "soft" on crime would be innacurate. Life in prison without parole? That sounds good enough to me. Allow the "sinner" to come to term with their actions, perhaps to even make their peace with God. If they don't, so be it, I don't want blood on my hands. And when the state kills, that is what all of us get.

Remember the words of Shakespeare:

The quality of mercy is not strain'd;
It droppeth as the gentle rain from heaven
Upon the place beneath. It is twice blest:
It blesseth him that gives and him that takes.
'Tis mightiest in the mightiest; it becomes
The throned monarch better than his crown;
His sceptre shows the force of temporal power,
The attribute to awe and majesty,
Wherein doth sit the dread and fear of kings;
But mercy is above this sceptred sway,
It is enthroned in the hearts of kings,
It is an attribute to God himself;
And earthly power doth then show likest God's
When mercy seasons justice.

"The Merchant of Venice"
Act IV, Scene 1


Of course it merits the death penalty ! How on earth could you argue otherwise ? ! This is a NO-BRAINER.


While this man has ruined a LITTLE GIRL'S LIFE. He also should be ruined with an act he will remember for the rest of his, to kill him would let him get off easy he should suffer for the rest of his life as she will hers. CASTRATE him and all the other rapists along with him. In my opinion, this is the only way to solve this violent crime. If one argues for their civil rights, what about the rights of a child to grow in a safe and secure environment.


Absolutely.

John D:

I thought for once I could agree with you, but your comment "Why does the Left support the raping of children?
is idiotic. This is not a partisan issue.


While this man has ruined a LITTLE GIRL'S LIFE. He also should be ruined with an act he will remember for the rest of his, to kill him would let him get off easy he should suffer for the rest of his life as she will hers. CASTRATE him and all the other rapists along with him. In my opinion, this is the only way to solve this violent crime. If one argues for their civil rights, what about the rights of a child to grow in a safe and secure environment.


A lifetime of hard labor would be more than sufficient, and also have a positive wealth impact. To kill this man would be a mockery of justice. Rape is not as bad as murder. All this rhetoric about loss of innocence and lives ruined has no merit. The man committed rape, not murder. Get over yourselves.


Yes, I believe he should get the penalty. Also, he should get raped everynite he's on death row and twice on his birthday.


As far as the death penalty goes, the event of rape to an 8 year-old probably fits "cruel and unusual punishment". Therefore, an eye for eye, he should receieve the death penalty.

Posted by: S. Albert | April 14, 2008 1:06 PM

"An eye for an eye" would mean the rapist should get raped, not that he should get killed.


I think death penalty for rapists is a pretty bad idea. If the penalty for child rape and murder are the same what will stop the rapist from killing a child and only witness to the crime?


Robbi & all that say no for capital punishment must not have been raped, lucky you. This is the same as if you murder, because you MURDER the YOUTH IN A CHILD. what do you people not comprehend?


I have seen countless murderers get off just by crying! How can you murder 7 people in the Browns chicken massacre after they confessed - and they still begged their way out of the death penalty? they have made a joke of capital punishment - and it is still needed!!


Child rapists should be sent to Iraq. Oh wait, Republicans say it is a safe haven over there for Americans.


Robbi & all that say no for capital punishment must not have been raped, lucky you. This is the same as if you murder, because you MURDER the YOUTH IN A CHILD. what do you people not comprehend?


"Allow the "sinner" to come to term with their actions, perhaps to even make their peace with God. If they don't, so be it, I don't want blood on my hands."

Someone capable of child rape will not make their "peace". You only get one chance on this issue.


Many of the abusers you want to put down have also been the abused. It's a sickness and a nasty cycle. Many of these children now being abused will go on to abuse others and then people will call for THEIR deaths.


Impale him and put him on public display. As for priests, impale them too.


No crime justifies condoned murder!! It only makes us like the criminals!!
SUPPORT OUR TROOPS, BRING THEM HOME, ALIVE. NOW.


As a mother, I am inclined to say yes, but that would only let the rapist off easy. What we should do for criminals of this magnitude is to make them suffer in the way that their victim has suffered. They should be dressed like little girls and thrown into a prison known for the most aggressive inmate population. They should be tied up so that they can play prison bitch to every inmate in the prison-- for the rest of their living days.


As a mother, I am inclined to say yes, but that would only let the rapist off easy. What we should do for criminals of this magnitude is to make them suffer in the way that their victim has suffered. They should be dressed like little girls and thrown into a prison known for the most aggressive inmate population. They should be tied up so that they can play prison bitch to every inmate in the prison-- for the rest of their living days.


Research shows that Pedophilias cannot be cured or rehabilitated. I observed, as a former school administrator, that the greater majority of “bad kids” who could not learn or behave were victims of rape, often time by a family member or close friend to the family. Raping a child, murders an innocence that cannot be restored or brought back to life. The damage these child rapists do is far reaching from destroying a child's life to perpetuating pedophilia through victims. The punishment should fit the crime; rape of a child is inhuman, murderess and is a heinous enough crime to justify death. “We the people”, need to remove prosecutors and judges who fail to remove these sadistic child murders from the community. I was against the death penalty until I saw the damage that these Pedophilias are doing to our children.


Should female teachers (among others) who seduce and rape minor male students also be subject to the same scrutiny and possible death penalty punishment? Let's not be sexist about this, though I personally view a male abusing/raping a minor child as a far more heinious crime.


John D--no shouting male is going to tell me what I lived--
You have liberals to thank for the fact that these crimes began being discussed and prosecuted in the 'liberal' 70s.
God bless Gloria Steinem, Bella Abzug, and all other feminists of the '2nd wave'


They absolutely should have given Nathaniel Hatchett of Detroit the death penalty years ago for the rape of an 8-year old girl.

Ooopsy daisy. I forgot. He was just exonerated and released based on DNA evidence.

Whew, good thing it wasn't your child who could have been executed. Wouldn't you be a little bummed out now?

You people, second only probably to China, are so freakin' quick to execute people. And not just any people. You love to kill blacks, intellectually challenged and the poor in a hugely disproportinate manner.
Always speaking in absolutes when, if you opened your eyes, would realize maybe someone made a mistake.

Unless you are willing to sacrifice your own child, wrongly convicted, to the death penalty, or if you are God himself, which many of you seem to believe, perhaps you wouldn't be so quick to be judge, jury and executioner.

The same people who oppose abortion can't get a close enough seat at the execution of someone, even an innocent. Please, have your baby. We promise not to execute him until he's seventeen and happened to be in the wrong place at the wrong time. He will have be be sacrificed because we really, really, really can't help our nation's love of war and execution. So even if innocent people are executed, it's worth it to kill the really bad ones.


If life in prison meant life in prison, that's as far a punishment we can go as members of a civilized society.

You people scare me.


I think the death penalty is fitting for what he did to an 8 year old innocent child. This article states how Kennedy did not take someone else's life so he should not face the death penalty, I beg to differ, he did take someone else's life, innocence, trust, happiness, things that most likely this child will not entirely get back in her lifetime. As a former Sexual Assault/Abuse Counselor I think the death penalty should be implemented for all sex predators in all 50 states, after all I have not yet seen a "rehabilitated" sex offender and yes a lot of them were abused themselves.


I think the death penalty is most definitely appropriate. If you cannot act as a functioning, positive part of society then you should be removed. I think this will also set examples for those who are thinking of commiting the same disgusting crime. I think if the death penalty was enforced and regularly for those who are commiting such heinous crimes, it would have to be used less because people would less likely go out and commit those crimes. I say, what if it happened to your child?


Put these people tied together by chains into a rock quarry and make them by hand chissle away the rock everyday for the rest of there lives for 12-14 hours a day. Then let them sit in a prison cell with someone who knows what he has done for a crime. Free labor, and punishment all in one.


What amazes me about all of these comments, for the death penalty, bemoan the fact that criminals commit crimes!!! Isn't there a commandment that states: Thou shalt not kill? Yet, we allow ourselves the " right " to kill other people who commit heinous crimes and we expect people to respect our laws. That sure is some cock-eyed reasoning!!!! Here I thought we were a Christian nation and we can't even follow one of Christianity's basic tenets!!!
SUPPORT OUR TROOPS, BRING THEM HOME, ALIVE. NOW.


I think people need to stop, an think this out. Does this include a 18 yr old, having sex with his/her girlfriend/boyfriend thats with consent? A 16 yr old thats dating a 20 yr old? Its still considered statutory rape. There's a lot of gray areas here. I'm not sure we as a country should get on this path without a clear understanding of who would qualify.


So forget about those permanently traumatized by rape as adults?


No killing of another person for any other reason than self defense at the moment the killing takes place is a good thing.

Life without parole is the only moral option.


I know posted, how come my post isnt showing?


We all have our opinions, but the Supreme Court will decide, as a matter of law, if this is constitutional. One question that immediately popped into my head was where does it all end. If the courts deemed the death penalty appropriate in this case, will the middle aged history teacher be put to death next because he (or she) fooled around with a 15 year old student?


For the whacko religious freaks out there. I hope it never happens in your family. As for the person who did this? I'd take about a week to finish him off.


He should not be put to death, but not for any reasons that have to do with him or the system. It's all about the child. She could feel guilt that he was killed because of things she said. He should also be kept alive so that if at some point, she needs to face him and tell him how much he hurt her, she will be able to. Maybe someday he would want to apologize to her, which could be important for her to be able to heal. It's all about her. He should be in prison forever, and she should have the option of dealing with him in whatever way she wants to. If he's put to death, yet another thing has been taken out of her control.


Not sure how this country (or any state) can consider adding to the list of capital crimes until it can be sure it is applying the death penalty accurately and fairly. How many people have been freed from death row by DNA that proves it wasn't them? While child rape is heinous, death is irrevocable. Once we sentence ALL rapists to death (which will be the next step in this debate) , what happens when one turns out to be falsely accused (perhaps by a disgruntled spouse)? I have lived that scenario. Life imprisonment without parole sounds right to me.


I've never been raped by a family member, and as far as I can remember, not actually been molested. But during the course of my childhood, two family members and two family friends at least attempted molestation. If any succeeded I've blocked it from my mind, but I can say I'm pretty dysfunctional when it comes to relationships, and I truly don't trust any man fully. I was traumatized by what I know I went through, and by what may well have happened but my mind maybe couldn't deal with. Why do people think of the death penalty as cruel and unusual punishment but not rape, stabbing, shooting, torture, etc? I don't know how the death penalty is carried out in a lot of places, but in Illinois, a shot in the arm doesn't seem equal to what perpetrators put their victims through. Death penalty for child rape: yes. Just make sure it really is the right guy.


I come from a town where the last public execution in America took place. The prisoner had raped and murdered an elderly woman. If he had just murdered her he would have been sent to the electric chair behind closed doors. Because it was rape he was hanged in the county where the crime occurred and over 20,000 people showed up to watch. This was in 1936. The Supreme Court later ruled the death penalty for eaping a woman was unconstitutional. They acknowleged that a rape could ruin a woman's life but said that as long as she had a life. compromised as it may be, we cannot put the rapist to death and I think they will rule the same way on the issue of child rape.

And by the way, I am a Democrat and I support the death penalty only I support public execution. Rapists and child molestors should be put in prison for life without parole and the fact that their crimes tend to be treated so lightly just shows how little society values women and children.


As a victim of childhood sexual abuse I am all for letting a perpetrator which includes clergy and teachers suffer for the crimes they committed. But what most of you fail to understand in your anger is some of these children are raped by people who are supposed to be their protectors. What do you think would go through that childs mind when daddy is put to death because they may have revealed what happened. It isn't a very good position for her to be in. What do you think would happen to that little girl who is being abuse by a person who is already twisted enough to commit these crimes. He most likely would end up killing her if he thought he would be put to death for his crime. And please don't think the children who are victims of these horrible crimes can't find a way to heal and live healthy lives and become more thoughtful than most of you. I thank God I'm not involved in having to make this decision. But one thing I would fight for is to find ways to stop these crimes by working with children, and finding more people to help them heal.


First, I do not believe in the death penalty as a spiritual matter. I wouldn't vote for it, but I wouldn't impose that belief on others. You can never take it back. I vote for life imprisonment without the possibility of parole.

That said, if society thinks that this is the type of thing that requires a capital sentence, then so be it. It is not cruel and unusual. Remember, back in 1790, you could be put to death for any felony. It is only the public's changing standards of decency that has allowed that standard to shift to more heinous felonies.

As to an earlier comment about the death penalty not acting as a deterrent, criminal punishment is not simply about deterrence. Criminal punishment also acts as the public's expression of its outrage over particular conduct. This is why all criminal cases are The People of State X v. Y. It is the People who are imposing their collective will on this person who has broken their rules. Criminal punishment is also about how the People value the victim in a particular case. This sometimes has unfortunate results steeped in racisim, but is legitimate nonetheless. We may want to make child rape a capital offense precisely because of our feelings toward the inherent innocence of children.

In all, its a complicated question the crosses party lines. I'm interested in reading the oral argument transcripts and the forthcoming opinion. I think these debates are good for people to have as long as they think about.


First, I do not believe in the death penalty as a spiritual matter. I wouldn't vote for it, but I wouldn't impose that belief on others. You can never take it back. I vote for life imprisonment without the possibility of parole.

That said, if society thinks that this is the type of thing that requires a capital sentence, then so be it. It is not cruel and unusual. Remember, back in 1790, you could be put to death for any felony. It is only the public's changing standards of decency that has allowed that standard to shift to more heinous felonies.

As to an earlier comment about the death penalty not acting as a deterrent, criminal punishment is not simply about deterrence. Criminal punishment also acts as the public's expression of its outrage over particular conduct. This is why all criminal cases are The People of State X v. Y. It is the People who are imposing their collective will on this person who has broken their rules. Criminal punishment is also about how the People value the victim in a particular case. This sometimes has unfortunate results steeped in racisim, but is legitimate nonetheless. We may want to make child rape a capital offense precisely because of our feelings toward the inherent innocence of children.

In all, its a complicated question the crosses party lines. I'm interested in reading the oral argument transcripts and the forthcoming opinion. I think these debates are good for people to have as long as they think about it all the way through.


Yes, and it needs to apply to EVERYONE!!! Hear that Cardinal George?
Beyond that, anyone caught covering up a child molester/rapist should receive a minimum 25 to life sentence. Hear that Cardinal George?


Yes it should, the death penalty should apply to this most heinous crime, it's indeed a crime against humanity.


John D.,

You are a pathological whack job.

Quote your sources or shut your deranged pie hole.


This is one instance where I'm glad that there is a majority of conservatives on the high court. If one of these miscreants who rapes children receives the death penalty, maybe it will deter other would be pedophiles.

The thought of these individuals makes me ill and society would be better rid of them.

As far as the argument about how much it costs in court to carry out the death penalty, perhaps appeals should be limited to cases without DNA evidence.


This is one instance where I'm glad that there is a majority of conservatives on the high court. If one of these miscreants who rapes children receives the death penalty, maybe it will deter other would be pedophiles.

The thought of these individuals makes me ill and society would be better rid of them.

As far as the argument about how much it costs in court to carry out the death penalty, perhaps appeals should be limited to cases without DNA evidence.


I consider myself left-leaning in many areas, but don't paint us all with the same brush. If anyone ever hurt any one of my three daughters, I would personally attend the execution and sit in the front row. If this guy is not executed, I hope they just put him in the general prison population, because I've heard that even convicts hate child rapists.


Let me recall. A mother drowns her four children and she gets treatment. Another mother straps her kids in their car seats and drives the car into a lake because her boyfriend didn't like kids - she gets 20 years.

No. No one should EVER be condemned to death by the STATE. For any reason. Its time to get off this bandwagon of tramping on human rights in the name of child safety.


I always have three major problems when it comes to any discussion of the death penalty.
1) We here in Illinois are all to familiar with the fact that it is possible (even probable) that innocent people have been killed by the state.
2) I have read any number of studies that have demonstrated fairly conclusively that the Death Penalty does not work as a deterrent to crime. Some of these studies even suggest that it may encourage violent crimes.
3) Ultimately, the death penalty is the easy way out for many people who are truly guilty of these heinous crimes. Chemical or physical castration, a lifetime of enforced solitary, a lifetime of hard labor, or a combination of the above, all seem to be more fitting punishment then simply allowing the person to die.


"because I've heard that even convicts hate child rapists.

Posted by: Linda Alvarez | April 14, 2008 5:26 PM"

From what I've heard, the life expectancy of child rapists in prison isn't long and I don't think that's necessarily a bad thing.


If one of these miscreants who rapes children receives the death penalty, maybe it will deter other would be pedophiles.

Posted by: Brava | April 14, 2008 5:24 PM

The unstated premise of your statement is that pedophiles rationally assess the pros and cons of their act before undertaking it. The horrible nature of the act itself suggests that there's no way that rational thought would ever get in the way.

If you believe there's a God, then you believe that vengeage is his. Not ours.


Of course they should be put to death. There is no reforming these animals. Why spend money housing them so they can "find the Lord" and enjoy a life they robbed their victims of. The children may still be alive, but will never live the life they could have led.
I agree with the death penalty only when a child has been victimized, or in the case of multiple murders. Child rape fits.


Oh classless, perpetually ignorant Doogie Zook, google Jessica's Law and look for yourself. There isn't too much in the mainstream media because they largely ignore child rapers and what doesn't happen to them. But here are some links that I am sure you will deny, ignore and basically remain ignorant:

http://for-mrfixit.com/blog/archive/2007/05/jessicas_law_update.html

http://www.vnews.com/sexcrimes/news-20060401.htm

http://www.hubpolitics.com/archives/001982.php


Since I have been fortunate enough to have been spared the trauma of being raped or molested as a child, (though I know some people who have), I may be speaking a little out of turn but I offer this view anyway.
It's completely understandable if not natural to recoil in horror at such acts and to want the perpetrator eliminated so that he (or in some cases, she) never harms anyone else. If it were my child (I do have a daughter) I would feel that way.
But... as ghastly a crime as child rape is, and even though it leaves lifelong scars (I don't deny that), I am not sure we want to buy into the idea that being raped or molested is a fate just as bad if not worse than death and therefore deserves the death penalty for the perpetrator.
Wasn't one of the central tenets of the rape victim's rights movement the idea that women are NOT defined by what men do to them, and that the victim is not the one who ought to feel guilty, "ruined" or defiled?
It's still common practice in the media not to identify rape victims, but haven't some victims gone public with their stories precisely because they want to eliminate the idea that being raped is anything THEY ought to hide or be ashamed of? And, to show other victims that life does go on? A victim is indeed scarred and suffers great pain; but she (or he) is still alive and, given care and understanding, does have the potential to enjoy life in many ways despite what happened.
Yes, child rape and molestation are terrible crimes, and given the extreme difficulty if not impossibility of reforming such criminals, these crimes deserve very harsh punishment -- life in prison would be appropriate for repeat or violent offenders.
BUT, as terrible as it is, it is not death, and therefore does not deserve death.
I also believe that to impose the death penalty for any crime short of murder could potentially give the criminal an incentive to kill the victim.


Agreed. not just Child rapists. Child murderers, abusers, molesters, ALL OF THEM! You know this S--- has gotten so far out of hand it's approaching epidemic proportions. And it doesn't help that we have people like that B---- Nancy Grace on TV at night handing out the