Posted on 06/25/2008 9:30:51 AM PDT by KatyLoraleyVidales
In a 5-4 decision the Supreme Court ruled that Capital Punishment for convicted child rapists was unconstitutional under the 8th Amendment tenant of Cruel and Unusual Punishment.
Just Kennedy wrote the opinion for the majority stating that the use of Capital Punishment was: not proportional for the rape of a child. My question to Justice Kennedy is then, what IS proportional punishment for the rape of an innocent child? A slap on the wrist? A short prison stay followed by your name in a database full of other like minded perverts?
What is taken from these children can never be replaced. No amount of therapy will ever shake the memories of this act.
This particular piece of legislation was geared towards convicted serial rapists, not first time offenders.
Five states have allowed Capital Punishment for serial child rapists: South Carolina, Texas, Oklahoma, and Montana. Within the last 44 years no child rapist has been sentenced to death in any of these states. Liberals argue that this is clear evidence that the majority of Americans and courts do not want to see child rapists executed. The Louisiana Supreme Court says otherwise:
short of 1st degree murder we can think of no other non-homicide crime more deserving. The US Supreme Court overruled them stating: The death penalty should not be expanded to instances where the victims life was not taken. Again, it is my personal belief that what is taken from these children is enough to threaten whatever life they proceed to have. Additionally it should be pointed out that there are in fact already non-homicidal crimes that warrant the death penalty under the Constitution: Treason and Espionage
(Excerpt) Read more at rightupfront.org ...
Sandra Day O’Kennedy strikes again. Looks like Anthony, writes like Sandra Day.
Hopefully many of them will resist arrest.
Another 5-4 decision in which Kennedy votes with the liberals to make the decision. And another case where they are legislating from the bench. So now it’s unconstitutional to execute someone for child rape.
They are trying to limit the exact crimes that one can be executed for, as well as age limits. Remember that case where they struck down death penalty laws where anyone under 18 could have been punished for any crime, no matter how terrible?
One more conservative on the court would make a difference. Hopefully McCain gets elected and keeps to his word to appoint conservatives.
Another 5-4 decision in which Kennedy votes with the liberals to make the decision. And another case where they are legislating from the bench. So now it’s unconstitutional to execute someone for child rape.
They are trying to limit the exact crimes that one can be executed for, as well as age limits. Remember that case where they struck down death penalty laws where anyone under 18 could have been punished for any crime, no matter how terrible?
One more conservative on the court would make a difference. Hopefully McCain gets elected and keeps to his word to appoint conservatives.
Kennedy, you idiot, that sorry piece of dog squeeze would have shown his victim greater mercy if he had murdered her.
And you have reason to hope, because . . .?
Kennedy is an idiot. Read a few of his majority decisions and you will see him contradict himself right in the text.
Justice Kennedy just wants to be known in history books. He wants the era of the court to be known as the “Kennedy Court.” So he’ll make as many wacky decisions as possible.
I continue to wonder in what universe several of the SCOTUS Judges actually reside. What's also disturbing is that Democrats regularly WHINE that the Supreme Court is Right Wing! With the last few judgements made by them, it is an even more farcical charge. What they are saying to us is ".....Naaaaaah, your children really aren't a priority in this country....." Wow, that's a BOLD DECISION. I think I'm beyond the point of being offended by them, rather I'm at the point of sheer embarrassment.
I gotta go with the majority and Don Vito Corleone on this...
“That is not justice; your daughter is still alive.”
I wasn't a math major, but I think that's just four states.
appalling decision. The constitution does not rule that death must precede a death penalty.
also note previous ridiculously harsh judgements on the 8th
Punishments allowed
In Rummel v. Estelle, 445 U.S. 263 (1980), the Court upheld a life sentence with the possibility of parole for fraud crimes totaling $230.
In Harmelin v. Michigan, 501 U.S. 957 (1991), the Court upheld a life sentence without the possibility of parole for possession of 672 grams of cocaine.
In Lockyer v. Andrade, 538 U.S. 63 (2003), the Court upheld a sentence imposed under California’s three-strikes law when the defendant was convicted of shoplifting videotapes worth a total of $150 fine.
Kennedy (et al) are imposing their morality on the several States.
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