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Add to FavoritesThe US Supreme Court's decision in the overturning of the death penalty for child rape in the case of Kennedy v. Louisiana is a correct decision. It was the majority decision of the court that the crime of rape is not proportional to the penalty of death. And if executed, it would violate the Constitutional ban on cruel and unusual punishment.
In 1976, with the case of Coker v. Georgia, 433 US. 584, the US Supreme Court felt that the death penalty was "unconstitutionally excessive for rape of women and, by implication, for any crime where a death does not occur". The court's majority decision went on further to state that, "rape by definition does not include the death of or even the serious injury to another person". But the minority in the decision felt that the issue "takes too little account of the profound suffering the crime imposes upon the victims and their loved ones".
Be that as it may, its not the US Supreme Court's function to measure the emotional impact a crime has on victims. Its duty is to determine the constitutionality of laws passed by state and federal legislature and court verdicts and decisions relating to criminal and civil case. It must be removed from public opinion that is so easily swayed by emotions. It makes decisions upon points of law as they relate to the US Constitution and secures the rights of every citizen in relation to laws that are passed by legislatures and decisions dealt by lesser courts.
Too often, has the appointments of justices to fill empty judicial seats, been political footballs that has influenced a president's decision; when a candidates credentials and record of judicial competence should be the primary criterion in his decision in filling the seat.
It is the Supreme Court's overturning of a decision like this case, that curbs the lynch mob mentality that many citizens of the United States are so prone to act upon when emotions such as hate motivate actions that violate other citizen's rights guaranteed by constitutional law.
Historically, people were hanged for stealing live stock and these "acts of justice" were executed by posies and vigilantes without due process, which is guaranteed by the Eighth amendment and later the fourteenth amendment. The Eighth Amendment addressed federal jurisdiction for due process. Then it was discovered that there was a the need for individual states to have the same definition of the right. Therefore the fourteenth amendment was written and ratified to secure the right of due process in the courts on the state level.
In 1993, with Herrea v. Collins, 506 U.S. 390, the US Supreme Court elaborated upon the definition of Due Process in the Eighth and Fourteenth Amendments, holding that cases relating to the death penalty required extra procedural protections, even in such cases that involved the murder of a police officer as in the Herrea case. Homicide cases of a police officer always incite public concern and outrage. Nonetheless, it would appear that the Supreme Court's decision demanding more precise adherence to the right of a citizen was outweighed by the publics opinion.
But a question of even greater magnitude awaits the U.S. Supreme Courts decision. That is the Constitutional violation of the popular Patriot Act that clearly ignores the rights of every U.S. citizen.
Learn more about this author, Chris Markel.
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Wrong
by Ms. C. Jones
The Supreme Court has stated that it is "cruel and unusual punishment" to put a paedophile to death. Why is it that in our society we keep on making excuses for the scum on this planet? Someone who has been lobotomized has far better decision making capabilities than the members of the Supreme Court. When a child is sexually abused, paedophiles should lose all rights, including their right to exist. They are the lowest form of "it' on this planet. They don't even deserve to be classified as "human."
It is horrifying and incredible that a group of "so-called" intelligent and well educated men could come to this decision. It is their job to look at the rights of the criminal, that is a fact. My question is what about the victims of such crimes? What about their rights? What about their rights when they were defenceless children and could not protect themselves from these predators? What affect will this abuse have on victims lives if in fact they got to live? We, as adult have an obligation to protect our children in society. The Supreme Court justices need to know that this is in no way acceptable!
The Supreme Court is sending a very dangerous message to the people of America. They want Americans to think that most offenders are victims themselves and that they are mentally ill and therefore do not deserve the death penalty. Yes, there are some that are ill or have disabilities. A paedophile has a behavioural disorder that manifests itself as a total lack of empathy for their victims. They will offend again and again. Statistics tell us that paedophiles will abuse at least a hundred children or more over course of his/her life.
There is no known cure for paedophilia. Yes, there are treatment programs for sex offenders but the level of success is low. The greatest success come with early intervention when the offender is a teenager. Let's take a look at the state of California. The statistics on sex offenders is astounding and they are listed city by city. At any given time, there are thousands of offenders are cruising the streets, on internet chat sites or lurking outside of your window. They are just waiting for that golden opportunity to get their dirty little mitts on our children. Oh, these are the known offenders. How about those not yet caught with their pants down?
Riding home on a Greyhound bus one day, there was a man sitting next to my daughter, age 5, at that time. One hour into the bus trip, the man starts trying to grab at and touch my daughters bottom. Despite repeatedly asking him to stop, he didn't. There were no empty seats on the bus so we could not move. It became apparent he was drinking liquor on the bus when he began slurring his words. We came to a rest stop and I asked the driver to please call the police and have him removed from the bus. He did but only after an elderly lady complained he pinched her bottom. He was arrested and removed from the bus. The next day, the police came out to interview my daughter and I had to leave the room and they asked her "where the man had touched her." Several weeks later, I received a phone call and the police stated that the man was sentenced to three months in prison and they felt that justice had been served. He had no prior history of "sexual interference with a minor." I will never forget this because I said to the women on the phone; "that is only because he has never been caught."
Five years later, my worst nightmare came true. On the front page of my university town newspaper was the same man's face. He was charged with the "brutal rape" of a fifteen year old girl. The details included the fact that he had already been charged with sexual interference of a minor. I was never told his name by the police because he had the right to have his identity protected. Now I know his name. Kudos to the police that helped convict this man the first time. I only wish I could have saved that young girl from the trauma she endured. It breaks my heart.
There are many people that do not believe in the death penalty. But are we as a society just allowing more victimization to happen by keeping these "monsters" alive? They know what they are. Sadly enough, now they are trying to justify it. Many paedophiles are now stating that what they do is not a crime. Just like homosexuals are attracted to each other, so are they, except they are attracted to children. There is nothing wrong with it according to this new rational by certain paedophiles. Guess what ladies and gentlemen, yes there is! Adults can consent to sex with whomever they choose. Children can't! That makes it wrong! The sad thing that the law makersdidn't factor in; is that the future victims are that ones that will be on the receiving end of the "cruel and unusual punishment." Offenders they let go!
Learn more about this author, Ms. C. Jones.
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