Posted on 05/25/2006 10:56:41 AM PDT by acad1228
A bill to allow the death penalty to be assessed against a person who commits a second sex offense against a child under 14 years old passes the state Senate.
(Excerpt) Read more at 1170kfaq.com ...
now we just need to bring Oklahoma's legislature to our state... send our legislature on vacation..
Believe me when I say it is not grandstanding. The people of Oklahoma want this law and since our representatives are supposed to represent us, we got the law.
California had a case like that. The offender, Alejandro Avila, said if he was let out he'd kill his next victim to avoid having left a living witness. A stupid jury had let him off.
As it happened, he did kill his next victim (5 yr old Samantha Runnion) and was caught and convicted last year and now sits on death row.
COKER v. GEORGIA
CERTIORARI TO THE SUPREME COURT OF GEORGIA
No. 75-5444.
Argued March 28, 1977
Decided June 29, 1977
While serving various sentences for murder, rape, kidnaping, and aggravated assault, petitioner escaped from a Georgia prison and, in the course of committing an armed robbery and other offenses, raped an adult woman. He was convicted of rape, armed robbery, and the other offenses and sentenced to death on the rape charge, when the jury found two of the aggravating circumstances present for imposing such a sentence, viz., that the rape was committed (1) by a person with prior capital-felony convictions and (2) in the course of committing another capital felony, armed robbery. The Georgia Supreme Court affirmed both the conviction and sentence. Held: The judgment upholding the death sentence is reversed and the case is remanded. Pp. 591-600; 600; 600-601; 601.
234 Ga. 555, 216 S. E. 2d 782, reversed and remanded.
MR. JUSTICE WHITE, joined by MR. JUSTICE STEWART, MR. JUSTICE BLACKMUN, and MR. JUSTICE STEVENS, concluded that the sentence of death for the crime of rape is grossly disproportionate and excessive punishment and is therefore forbidden by the Eighth Amendment as cruel and unusual punishment. Pp. 591-600.
(...)
(c) Although rape deserves serious punishment, the death penalty, which is unique in its severity and irrevocability, is an excessive penalty for the rapist who, as such and as opposed to the murderer, does not unjustifiably take human life. Pp. 597-598.
(...)
WHITE, J., announced the Court's judgment and delivered an opinion, in which STEWART, BLACKMUN, and STEVENS, JJ., joined. BRENNAN, J., post, p. 600, and MARSHALL, J., post, p. 600, filed statements concurring in the judgment. POWELL, J., filed an opinion concurring in the judgment in part and dissenting in part, post, p. 601. BURGER, C. J., filed a dissenting opinion, in which REHNQUIST, J., joined, post, p. 604.
MR. JUSTICE WHITE announced the judgment of the Court and filed an opinion in which MR. JUSTICE STEWART, MR. JUSTICE BLACKMUN, and MR. JUSTICE STEVENS, joined.
While serving various sentences for murder, rape, kidnaping, and aggravated assault, petitioner escaped from the Ware Correctional Institution near Waycross, Ga., on September 2, 1974. At approximately 11 o'clock that night, petitioner entered the house of Allen and Elnita Carver through an unlocked kitchen door. Threatening the couple with a "board," he tied up Mr. Carver in the bathroom, obtained a knife from the kitchen, and took Mr. Carver's money and the keys to the family car. Brandishing the knife and saying "you know what's going to happen to you if you try anything, don't you," Coker then raped Mrs. Carver. Soon thereafter, petitioner drove away in the Carver car, taking Mrs. Carver with him. Mr. Carver, freeing himself, notified the police; and not long thereafter petitioner was apprehended. Mrs. Carver was unharmed
(...)
That question, with respect to rape of an adult woman, is now before us. We have concluded that a sentence of death is grossly disproportionate and excessive punishment for the crime of rape and is therefore forbidden by the Eighth Amendment as cruel and unusual punishment.
(...)
Rape is without doubt deserving of serious punishment; but in terms of moral depravity and of the injury to the person and to the public, it does not compare with murder, which does involve the unjustified taking of human life. Although it may be accompanied by another crime, rape by definition does not include the death of or even the serious injury to another person. 13 The murderer kills; the rapist, if no more than that, does not. Life is over for the victim of the murderer; for the rape victim, life may not be nearly so happy as it was, but it is not over and normally is not beyond repair. We have the abiding conviction that the death penalty, which "is unique in its severity and irrevocability," Gregg v. Georgia, 428 U.S., at 187 , is an excessive penalty for the rapist who, as such, does not take human life.
(...)
MR. CHIEF JUSTICE BURGER, with whom MR. JUSTICE REHNQUIST joins, dissenting.
In a case such as this, confusion often arises as to the Court's proper role in reaching a decision. Our task is not to give effect to our individual views on capital punishment; rather, we must determine what the Constitution permits a State to do under its reserved powers. In striking down the death penalty imposed upon the petitioner in this case, the Court has overstepped the bounds of proper constitutional adjudication by substituting its policy judgment for that of the state legislature. I accept that the Eighth Amendment's concept of disproportionality bars the death penalty for minor crimes. But rape is not a minor crime; hence the Cruel and Unusual Punishments Clause does not give the Members of this Court license to engraft their conceptions of proper public policy onto the considered legislative judgments of the States. Since I cannot agree that Georgia lacked the constitutional power to impose the penalty of death for rape, I dissent from the Court's judgment.
(...)
The Court today holds that the State of Georgia may not impose the death penalty on Coker. In so doing, it prevents the State from imposing any effective punishment upon Coker for his latest rape. The Court's holding, moreover, bars Georgia from guaranteeing its citizens that they will suffer no further attacks by this habitual rapist. In fact, given the lengthy sentences Coker must serve for the crimes he has already committed, the Court's holding assures that petitioner - as well as others in his position - will henceforth feel no compunction whatsoever about committing further rapes as frequently as he may be able to escape from confinement and indeed even within the walls of the prison itself. To what extent we have left States "elbowroom" to protect innocent persons from depraved human beings like Coker remains in doubt.
(...)
The Court's conclusion to the contrary is very disturbing indeed. The clear implication of today's holding appears to be that the death penalty may be properly imposed only as to crimes resulting in death of the victim. This casts serious doubt upon the constitutional validity of statutes imposing the death penalty for a variety of conduct which, though dangerous, may not necessarily result in any immediate death, e. g., treason, airplane hijacking, and kidnaping. In that respect, today's holding does even more harm than is initially apparent. We cannot avoid taking judicial notice that crimes such as airplane hijacking, kidnaping, and mass terrorist activity constitute a serious and increasing danger to the safety of the public. It would be unfortunate indeed if the effect of today's holding were to inhibit States and the Federal Government from experimenting with various remedies - including possibly imposition of the penalty of death - to prevent and deter such crimes.
a) it won't pass current S.C. constitutional standards
b) wouldn't life w/o parole on first offence be more effective (and constitutional)?
touching is 4th degree in michigan. that would be pretty bad to kill someone because he touches a 13 yr old. There would have to be some clarification on Michigan's sex offender list before something like that would work here.
We just had a local 18 yr old kid get 10 to 20 in prison because a girl at a party brought ecstasy and took it herself. Then she went to the cops. She was 16 and he was 18...He's now going to be on the "list" which means nothing here.
Having child molesters live near schools and parks as I know some are in San Diego (via the Megan's Law database) leaves me in disbelief over our justice system's inability to deal with that kind of crime.
Unfortunately, justice is one of the first things that suffer, when people act on their emotions. I'm sure it would bother someone,later in life, if they knew the guy that touched them 40 yrs ago, got executed for it.
10-20 seems excessive for that case as you described it.
Will the governor sign it?
The article referenced (KFAQ, Tulsa) says Brad Henry, the guv, hasn't made up his mind.
Jessica's Law provides for a mandatory minimum 25-year sentence for first-time sex offenders with a victim under 14.
I know it's on the books in Florida, where Jessica Lunsford was murdered by John Couey, who was a registered sex offender who hadn't given his new address to LE. Not sure how many other states have signed on since I last checked.
What a great law. Pedophiles can NEVER be cured...a double tap to the head is their only cure. Until the net, I think most of these pedophiles were sexually abused as children.
>>Its about time the legislatures started passing this type of law. Too bad SCOTUS will strike it down in due time.<,
I wonder on what grounds...
I couldn't agree more!
They will probably dismiss you as a dirt poor New Yorkie and might even post city sheriffs to prevent the city-slicking methdust bowl emmigrants from even entering the outskirts of town...Tom Joab! Courtesy phone - paging Mr. Joad!
I remember when child rape WAS a capital crime
If this passes MS-NBC will need a new story to investigate
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