You have commented 339 times on Rantburg.

Your Name
Your e-mail (optional)
Website (optional)
My Original Nic        Pic-a-Nic        Sorry. Comments have been closed on this article.
Bold Italic Underline Strike Bullet Blockquote Small Big Link Squish Foto Photo
Home Front: Politix
Proposals to execute pedophiles make headway in US
2007-05-29
The idea of executing child rapists, even when there in no loss of life, is making headway in the United States.
Believe it or not there is a downside to legislation like this. Read on.
The Louisiana Supreme Court last week upheld the death sentence for a pedophile, and the governor of Texas is soon to sign into law legislation to that effect.

In 1995, Louisiana was the first state to adopt legislation authorizing the death penalty for child rapists.

Ten years later, the movement to make pedophilia punishable by death really picked up steam after nine-year-old Jessica Lunsford was raped and buried alive in Florida by a man with a prior conviction for sex crimes.
Too bad people have to almost be first-hand witnesses to this kind of crime to figure it out.
Various versions of the "Jessica Law" sprang up all over in the country, imposing in most cases a minimum 25 year jail sentence and the wearing of an ankle bracelet for life for raping a child aged 12 or younger.
They can make a special bright red one. With the first name of the kid they raped engraved on it as a reminder. And anyone who removes it goes straight to prison for the rest of their hopefully short and miserable lives. They should take the batteries out and bury them with the bracelet on when they die, too.
But in some states, elected officials amended their versions of the "Jessica Law" by adding the possibility of condemning a pedophile to death.
If they have incontrovertible proof, go for it!
They include Louisiana, Oklahoma, South Carolina, Georgia and Montana.

An overwhelming majority of lawmakers in Texas chose to join the list. Texas is responsible for a third of all executions carried out in the United States in the past 30 years and for two-thirds of those conducted so far this year. The draft law is now on the desk of Texas Governor Rick Perry, who has promised to sign it.

The idea seems to go against the grain in the rest of the country, where the death penalty is losing ground because of grave judicial errors and botched executions.
I don't know if botched is the word I would have chosen.
How could it be 'botched'? The convicted felon ended up dead, didn't he?
Organizations defending the rights of crime victims have differing views on the proposals. "We are very concerned that this may reduce reporting of sexual assault, since most child abuse is made by someone close to the child," said Karen Rugaard, a spokeswoman for the Texas Association Against Sexual Assault.
Yep, that's gotta suck.
"It is already difficult to report about a father, an uncle, a family friend ... It will be worse when the child knows they can spend a very long time in jail or be sentenced to death," she said.
Make the death penalty optional to the victim, to be decided when they darn well feel like it after age 30. Maybe they can decide on the length of their incarceration then, too. But in any case they get to wear the ankle bracelet for life.
Can't punish these folks because that will reduce the odds that they'll be punished. Orwell would be so proud ...
"We are worried that legislators did nothing to help prevent the violence," Rugaard added, expressing regret that the draft law does not call for any preventive measures.
I'd worry more about the legal system doing stupid things that actually encourage this kind of crap. Agonizing over what is cruel and unusual punishment for this crime is one of them.
Moreover, it is uncertain that executing non-murderers will comply with the US constitutional mandate barring "cruel and unusual" punishment.
OK, how 'bout they get strapped over a pommel horse and get gently reamed by a frustrated stallion? Or three.
The only man among more than 3,300 prisoners on death row who stands to lose his life under the new law is 42-year-old Patrick Kennedy, who was sentenced to death in Louisiana in 2003 for raping his companion's eight-year-old daughter.
Hey, Pat! Was it worth it? $100 and a hotel room would have been a lot easier!
In 1977, the US Supreme Court invalidated the death sentence of a rapist, arguing the punishment was disproportionate to the crime.
Hmm. I wonder what Washington, Adams, Jefferson, and the like would have said about that.
Later, evoking "evolving standards of decency," the court also rejected the death penalty for criminals who were minors or mentally retarded at the time they committed their crimes.
I can hear it now: I was mentally retarded at the time, but I'm feeling much better now!
But on Tuesday, the Louisiana Supreme Court upheld the death penalty for Kennedy.
Pappy, I'll need that sympathy meter back when you're done with it.
Posted by:gorb

#18  (1) remove twanger, and (2) frontal lobotomy



Posted by: Captain America   2007-05-29 22:47  

#17  'moose makes some damn important points. Just as children might be reluctant to report a close family member, they might also falsely report someone out of vindictiveness. Kids have zero concept of legal implications much less death sentences. All they would know is that they were getting someone into trouble. There is also the issue of "implanted" or false memories. Many people have already suffered because of that psychological conundrum.

A death penalty verdict would necessarily have to rely, as gorb mentioned, on incontrovertible proof. DNA evidence springs to mind but the entire issue is still rife with possibilities for error. Also, as Jackal correctly observes, the death penalty might spur offenders to more often kill their highly vulnerable victims.

While child molestation is indeed a heinous crime and worthy of severe penalties, assigning capital punishment to it is another matter. It is an understandable gut reaction, no doubt about it, but one that merits intense and lengthy consideration.
Posted by: Zenster   2007-05-29 21:29  

#16  JFM: Forgot to tell that the preceeding happenned in Sain and that the petition for reforming then law has zero chances of prospering due to the opposition of the socialists and specially of Zapatero.

Thank you - if this had happened stateside, they would have spent the rest of their lives in prison - or at the wrong end of a needle.
Posted by: Zhang Fei   2007-05-29 13:37  

#15  A drunk coed who shows her boobs on spring break can be considered a sex offender. Any laws must take that into account and either clarify the definition of sex offender or specify pedophiles.

Save the boobie flashers, the sex offenders we don't mind.

/sarcasm and stupid laws
Posted by: rjschwarz   2007-05-29 13:36  

#14  remove their twanger

I'm afraid that wouldn't do any good. Rape is a crime of violence, not of sexual passion. Hence the torture death of the poor girl in JFM's example, and why there are those who rape using foreign objects... and even why some rapists are twangerless females. Even chemical castration only removes the sexual aspect of the drive to rape, not the need for violent domination.
Posted by: Sperese Squank4268   2007-05-29 11:33  

#13  From a previous post
Hirsi Ali has written that under Dutch law,
Mohammed's marriage to six-year-old A'ishah (whose age is disputed by (a few) Muslim scholars) and his subsequent consummation of the marriage when she was nine would make him a pedophile.
Let's ask CAIR if he should pay the price for his perversion.
Should be interesting to watch them try to wiggle their way out of a "Slam dunk" case.
Posted by: tipper   2007-05-29 11:18  

#12  Forgot to tell that the preceeding happenned in Sain and that the petition for reforming then law has zero chances of prospering due to the opposition of the socialists and specially of Zapatero.
Posted by: JFM   2007-05-29 11:14  

#11  Not a child rape but an example of how bleeding heart liberalism kills.

First a bit of context:

In order to try to conciliate with the progressists in Europe and America late franquism adopted in its penal system all the ideas in vogue during the late sixties about the poor criminal being a victim of society and needing reinsertion (you can drastically reduce your sentence by doing activities like... plying football) an,d grotesquelly reduced sentnces if you were minor.

For details of the following googgle for "Sandra Palo" (there is a petition for reforming the law)

In May 2003 a 22 yers old girl, a retarded girl (incidentally the daughter of one of those working class families the left pretends to defend) was picked by 4 guys, 3 of them minors but all with b>criminal records and carried to an unhabited zone,
First she was beaten to a pulp, then raped repeatedly, then they put her with the back against a wall and ran their car to crush her against it. She was still alive, so they travelled to gas station, bought a can of gasoline, returned and burned her alive. One of minors completely unrepentant minors will be free in the following months. Just 4 years, for the beating, and the rapes and the sadism and the fact the girl was retarded and the murder. The two other minors will do a mere 8 years jail time. They will be free before being 26 years old.

In a "normal" system the girl would be still alive because her muderers would have been in jail for their previous offences. Instead she is dead and it is highly probable she will not be the last victim of her murderers. More murders are to follow. More girls will be killed for pleasing liberals.

Posted by: JFM   2007-05-29 11:11  

#10  The devil is in the details. Right now you can be labeled a sex offender for life for as little as public urination while intoxicated. So unless the rules as to *exactly* what merits a death penalty are established, this might be a disaster.

1) A 17 year old who lied about their age, even having a fake ID.
2) Consensual sex between a 16 year old and their 17 year old boy or girlfriend.
3) Previous sexual history, if they have had voluntary sex several times before with other people.
4) Actual physical and psychological damage resulting from the sex act.
5) Crimes associated with the sex act, such as kidnapping, attempted murder, and other aggravating circumstances and actions.
6) Offense committed against family member(s) only, or strangers.
7) Forensic evidence.
8) Confessions and admissions.

Many of these things have already been decided, one way or another, with typical penalties. However, a death penalty trial is almost like a second trial, with very different standards of evidence, and a lot more rules.

For example, in a regular trial, testimony by the molested and prior sexual history might be excluded; but in a death penalty trial they would almost have to be included.

Finally, the appellate rules are going to be complex as hell.
Posted by: Anonymoose   2007-05-29 10:51  

#9  Too harsh. How about castration?
Posted by: mojo   2007-05-29 10:37  

#8  Mandatory castration sounds like a viable alternative. If carried out on a regular basis it would no longer be "unusual" and, given we are "saving" the perp from his urges, we have to be cruel to be kind.

Also, brand the word "Mohammad" on their foreheads.
Posted by: Excalibur   2007-05-29 10:19  

#7  remove their twanger
Posted by: Captain America   2007-05-29 10:07  

#6  Sounds draconian but there is NO cure for pedophilia NONE, ZIPPO, NADA. The only SURE way to stop them from repeating the crime is to keep them locked up or remove them from the population.
Posted by: Cyber Sarge   2007-05-29 09:50  

#5  I'd prefer to reserve the death sentence to someone who murders his victim. Give them an incentive not to kill the witness.
Posted by: Jackal   2007-05-29 09:18  

#4  Death sentence will cure a pedophile.
Posted by: Snearong Tojo2045   2007-05-29 09:05  

#3  I have a better idea: in case a reincident sex offender rapes then a child hang the people who liberated him/did not sentence him to life. And add a dozen bleeding heart "antideath penalty/ anti life without parole" people for good measure.
Posted by: JFM   2007-05-29 09:00  

#2  Life sentence in an open prison unsegregated from other inmates would probably achieve the same effect and remove those burdensome qualms some people have with misplaced morality.
Posted by: Procopius2k   2007-05-29 08:10  

#1  Works for me.
Posted by: Mike   2007-05-29 07:35  

00:00