Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: CottonBall

Another plus for Tennessee! You guys rock!

https://x.com/usanews0/status/1811546161960091892


1,237 posted on 07/13/2024 1:57:28 AM PDT by JudyinCanada (The left is loathsome, beyond anything I could have believed.)
[ Post Reply | Private Reply | To 1232 | View Replies ]


To: JudyinCanada; CottonBall

While immediately it sounds like a good thing there is this to take into consideration. Especially the second paragraph.

“The Supreme Court held in Coker v. Georgia (1977) that the use of the death penalty is disproportionate to the crime of rape, violating the Eighth Amendment’s prohibition against cruel and unusual punishment. The Court extended that ruling to child rape in Kennedy v. Louisiana (2008). While the Court emphasized the “hurt and horror inflicted” by perpetrators of child rape and the “years of long anguish” endured by the victim, the Court noted that only a handful of states authorized the death penalty for child rape and only two men in the entire country were on death row as a result, making the punishment unconstitutionally “unusual” for the crime. The Court further noted the disproportionate nature of the punishment of death on a person who had not caused death, raising concerns about the “incongruity” between child sexual abuse and the “harshness” of the death penalty. “When the law punishes by death, it risks its own sudden descent into brutality, transgressing the constitutional commitment to decency and restraint,” the justices wrote.”

“Critics have argued that such laws could further traumatize victims. Maria DeLiberato, Executive Director of Floridians for Alternatives to the Death Penalty, pointed out that 30% of child sex abuse victims are abused by family members and 90% of victims know their abuser. “You’ve got this whole dynamic where a child is going to bear the weight of a possible death sentence to a neighbor, an uncle, a grandfather,” she said. Similarly, the Court noted in Kennedy that it “is not at all evident that the child rape victim’s hurt is lessened when the law permits the death of the perpetrator,” as death penalty cases “require a long-term commitment by those who testify for the prosecution” and victims would have to relive their trauma through law enforcement interviews and testimony for decades. The practice “forces a moral choice on the child, who is not of mature age to make that choice,” the Court wrote.”

“There is also evidence that such laws increase the risk of wrongful execution. The Kennedy Court discussed research showing children have a heightened susceptibility to suggestion or fabrication in law enforcement interviews. The National Registry of Exonerations has identified over 300 wrongful convictions involving child sex abuse.”

https://deathpenaltyinfo.org/news/tennessee-authorizes-death-penalty-for-child-sexual-assault-in-direct-challenge-to-supreme-court-precedent


1,260 posted on 07/13/2024 7:41:56 AM PDT by Spunky (Computers do crazy things.)
[ Post Reply | Private Reply | To 1237 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson