SCOTUS knocks down death penalty for raping children - says it is not a "proportional punishment"

[Trumplestiltskin 5,791]

There are some cases where a younger girl has had sex with a not so old teenager and the male is put on the sex offences register. I have seen these cases on the TV so I know they happen

In the UK indecent exposure can get you on the sex-offenders register...

[HAL 9000 96]

I think the idea there is that exectution is permant removal because 'once a rapist, always a rapist' rather than the 'eye for an eye' argument.

There is no reason however, not to keep rapists of children in jail for very, very long periods of time while at the same time putting some effort into looking at the medical reasons for these mental inbalances that lead some people to this type of behaviour.

This sounds interesting... but eerily reminiscient of Nazi-era experiments on Jews.

She didn't say the inmates themselves should be experimented on; she just said we should look into how to treat their mental illness while keeping them off the street.

I guess the experiments could be innocent enough.

I do agree though. There should not be any possibility of parole for any truly convicted child rapist. One should not do that. I do not believe that killing them would solve anything beyond having a strange sense of revenge... but since the land is based on proportional punishments, then civil protection can only be served by putting these individuals away until they expire.

That must be absolute. Of course, the justice system could benefit from better procedural steps to ensure actual culpability as its no secret accusations should not be the sole reason for declaration of guilt.

I think we need separate penal colonies for sex offenders, and within them, segregation between violent offenders and pedophiles. We should just cordon them off. I completely disagree with the way we handle sex offenses in this country. If you're telling me this person needs to register, and needs to come knock on my door and tell me they're a sex offender, then what are they doing on the streets? Either they're safe or they're not, make up your minds.

I'd say that in order to investigate medical aspects you kind of need some kind of prime matter to experiment on... I also doubt she was advocating it and my example was only for example's sake.

I also think they should be completely removed from society- once proven to be an actual threat.

I tend to agree with removal from society. If a person is a Registered Sex Offender, there is such a stigma attached to it, that finding a place to live, or getting a job is very difficult.

But I also don't think prison is a very good place to put these people either. Prisons here focus on punishment, not rehabilitation.

I think the best type of place would be something in between. A facility where they would be restricted too, that focuses more on treatment, and provides opportunities were the inmates can work or in some way contribute back to society.

But we do need to look at how a person gets labeled a sex offender too. Consentual sex between a 16 and 18 yr old does not mean the 18 yr old is a sex offender.

To get to the point... I am particularly referring to the pathological, violent, threats to our children- not the borderline 19yo-17yo relationships that are best left to parents to judge as suitable for their soon to be independent offspring.

PH- no worries. My mind usually goes the way of the experiment when people say medical testing, etc.

[Ban Hammer 13,356]

PH- no worries. My mind usually goes the way of the experiment when people say medical testing, etc.

ooo noooos dr mengele!

[SupportOAFJF 0]

so, what exactly is cruel and unusual ...these ppl ..if raping children isn't then I don't wanna know what is

[MrsCat 6]

I haven't read the decision in its entirety, so I am not sure if this has been discussed in the 5-4 split; however it should be remembered that a large majority of sexual offenders against children are related to the child or know the child. While any sexual or violent acts against a child are deplorable, I really do not see the benefit in imposing the death penalty on a sexual offender.

It would seem to me, that having the possibility of imposing the death penalty would be another tool in the pocket of a sexual offender to hold over a child. The shame and guilt along with the possibility of death of the relative if a child tells someone would be another burden for a child to bear.

I largely do not believe in an eye for an eye, since its always apples and oranges. You can never appropriately apportion justice for any wrong that is committed, because there are always effects that cannot be quantified. The rape of a child is not made right by the death of a person. While it may provide comfort and assertion in the operation of the justice system the child is still left with the emotional aftermath.

Life without the possibility of parole would seem more reasonable to me.

[Trumplestiltskin 5,791]

I think the issue is pretty clear here - legally at least. The ruling basically suggests that States don't have the right to expand the reach of the death penalty beyond capital crimes. Incidentally the SCOTUS has shot down other attempts to expand the DP to include, for example - the mentally deficient, as well adult rapists.

[zqt3344 21]

And Rightfully so!

There are some cases where a younger girl has had sex with a not so old teenager and the male is put on the sex offences register. I have seen these cases on the TV so I know they happen

In the UK indecent exposure can get you on the sex-offenders register...

[HAL 9000 96]

PH- no worries. My mind usually goes the way of the experiment when people say medical testing, etc.

ooo noooos dr mengele!

NEIN...

Edited June 26, 2008 by maviwaro

[mawilson 2,133]

Life in prison is justice enough

Is it?

Sure. Eye for an eye. The child didn't die, therefore the rapist must live.

[mendeleev 68]

It is a dreadful fact that often child rapists are fathers or stepfathers of the child. When the State seeks to kill a person, it often needs to involve the victim in justifying or supporting the act.

What can be more terrible than the State forcing a child, already subjected to a terrible crime, to further the act by participating in the execution of a parent?

The Court pointed this out in their majority opinion -- and that fact seems lost in the criticism of the Court that I read here. Those who criticize need to confront the reality of this dilemma.

[w¡n9Nµ7 §£@¥€r 123]

Life in prison is justice enough

Is it?

Sure. Eye for an eye. The child didn't die, therefore the rapist must live.

Well, the child was raped. And the child wasn't physically prepared for that sort of thing.

So I'm imagining we rape child rapists.

But we do it with a giant machine that we invent for this purpose. If a little boy is taken advantage of by a man three times his size, well let's rape him with a machine three times his size.

That would be eye for an eye. Not this life-in-prison #######.

[mawilson 2,133]

Life in prison is justice enough

Is it?

Sure. Eye for an eye. The child didn't die, therefore the rapist must live.

Well, the child was raped. And the child wasn't physically prepared for that sort of thing.

So I'm imagining we rape child rapists.

But we do it with a giant machine that we invent for this purpose. If a little boy is taken advantage of by a man three times his size, well let's rape him with a machine three times his size.

That would be eye for an eye. Not this life-in-prison #######.

Fair enough. We rape him with a giant machine, then let him go, right?

[joelunchbox 0]

I wasn't actually suggesting using prisoners as 'lab rats'. Apolgies for that confusion.

What's with the sex register thing? - well it might just have a lot to do with the fact that the sex register doesn't differentiate between different sexual crimes. There are registered sex offenders who were say 19 having sex with 17 year olds. I don't think that really comes out as some dangerous pervert who should never, ever be allowed out onto the streets again, mind you, I don't think those people should be kept permanantly on a register either.

unlikely scenario - see romeo and juliet laws.

See Georgia laws on this and you will think again.....

[Ms. Squirrel 11]

Life without the possibility of parole would seem more reasonable to me.

I have been raped as a child and not only once.

I would not get any satisfaction out of that person being sentenced with death penality. Life sentence without parole would. Lock him away and let him think about what he did for whatever time he has left.

[joelunchbox 0]

And all children know the difference between right and wrong and never lie.

And children are never used as tools against someone else....

Really, think about this.

Personally, kill me before life in prison. Why do we want to give them the easy way out?