Skip to comments.Child rapists can't be executed, Supreme Court rules
Posted on 06/25/2008 8:29:22 AM PDT by RogerD
WASHINGTON (CNN) -- The U.S. Supreme Court ruled 5-4 Wednesday that child rapists cannot be executed, concluding capital punishment is reserved for murderers.
Patrick Kennedy, 43, was on Louisiana's death row for raping his 8-year-old stepdaughter.
The ruling stemmed from the case of Patrick Kennedy, who has been on Louisiana's death row since 2003, when he was sentenced to be executed for raping his 8-year-old stepdaughter.
Justice Anthony Kennedy wrote in the majority opinion that "evolving standards of decency" in the United States forbid capital punishment for any crime other than murder. Execution of Patrick Kennedy, the justices ruled, would be unconstitutional.
(Excerpt) Read more at cnn.com ...
Only the most creative of the Supremes would think that executing this sort of predator for raping a child violated the 8th Amendment. We have gone far beyond the standard expected in the 18th century to prevent execution from being painful, thus the prohibition on "cruel" punishments is not violated by removing this predator from the world our children live in. If execution is the standard punishment prescribed by law for such a horrendous crime, then it is not an "unusual" punishment. Other than those two considerations, where Louisiana's law clearly complies with the Constitution, the rest of the decision is or ought to be in the hands of the state of Louisiana. The way to insert "evolving standards of decency" into the Constitution is clear:
Article Five:The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Nowhere does Article Five of the Constitution mention "evolving standards of decency" as a means for amending the Constitution - a detail that Justices who are impressed with their own power seem far too willing to ignore.
...and they say it doesn’t matter who is elected President, whether McCain or Obama picks the next SC judges. Yeah, right...
A major section of the Democrat base will sleep better tonight.
These evolving standards probably also require a windfall profits tax against oil companies, as well as socialized medicine. I'll have to check the penumbra ...
Justice Anthony Kennedy wrote in the majority opinion that “evolving standards of decency” in the United States forbid capital punishment for any crime other than murder. Execution of Patrick Kennedy, the justices ruled, would be unconstitutional.
The vile stench of radical LIBERALISM rears its ugly head AGAIN from the highest court in the land, which should be totally unbiased and dedicated to UPHOLDING THE LAW, NOT MAKING IT.
In MA they don’t even want to prosecute them
I agree with this — ‘e should be torchered to def
There are murders that are forgivable but there are never any child rapes that are forgivable. The one kills the body the other can very well kill a child’s soul. Which is worse?
Interesting. How about raping a child and giving them AIDS?
I sat on a jury that deliberated just such a thing. In Texas we could give the guilty any punishment up to life in prison. We found him guilty and gave him life. Sad story for the boy.
Here we go again. Has the supreme court lost it’s collective mind? If the last two decidions are any indicator, I think they have!
If we pull McCain's lever (in a nice way, that is) and he doublecrosses us and disappoints us as he has for his entire pitiful political career, and doesn't appoint true conservatives to the bench, I predict a revolution against our lousy central government!
The central government continually has proven itself irrelevant and the five asshats that sit on this court are dangerous to this nation.