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June 25th, 2008, 01:11 PM #11
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June 25th, 2008, 02:02 PM #12Super Member
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Re: SCotUS Rules: Death Penalty Barred for Child Rape
SCOTUS doesn't have authority to make this ruling. Crimes and their punishments are up to the states up until a crime crosses a state line. Another reason to hate the 14th and its inclusion measures. The Court is trying to enforce it's collective morality on the states as if we were a national government.
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June 25th, 2008, 02:07 PM #13
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June 25th, 2008, 02:25 PM #14
Re: SCotUS Rules: Death Penalty Barred for Child Rape
On another note, the Court based its decision, in part, on the fact that only 6 states currently have laws allowing the death penalty for child rapists. The Court's standard for "cruel and unusual punishment" is contemporary society's judgment of "cruel" and "unusual". So, if in the future, society leans in favor of the death penalty for child rapists, then the Court would not need to defer to this decision on grounds of stare decisis, because the factual underpinnings have changed.
In other words, if a majority of states adopt laws allowing the use of the death penality for child rapists, then it can be argued that the Court's decision here is no longer binding precedent. (Note that the Court's ruling does not prevent the states from enacting laws that merely allow the use of the death penalty. The ruling only prohibits the actual execution of the death penalty.)Last edited by awkx; June 25th, 2008 at 09:44 PM. Reason: oops, forgot a word
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June 25th, 2008, 02:32 PM #15Grand Member
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Re: SCotUS Rules: Death Penalty Barred for Child Rape
i am against the death penalty in general just because there have been too many people who were on death row who were later found to have been wrongly convicted...which pretty much means we definitely have executed innocent people--and that is just plain unacceptable.
but, to say that someone who actually does rape a child does not deserve to die...or that killing such a person is somehow cruel...is ludicrous. of course such a person deserves to die...a slow and painful death.
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June 25th, 2008, 02:39 PM #16
Re: SCotUS Rules: Death Penalty Barred for Child Rape
I'd get into just HOW I'd like the execution performed...but the description of the crime has already got me pretty nauseous.
Suffice it to say that I'd make a liberal faint.
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June 25th, 2008, 06:06 PM #17
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June 25th, 2008, 09:22 PM #18
Re: SCotUS Rules: Death Penalty Barred for Child Rape
While I think that kid touchers should be permanently removed from this earth, I could kind of deal with this ruling if... all inmates at all prisons were in general population. No protection from the rest of the animals, you do the crime, you do the time and live with the rest of the scum.
Pedophiles and rapists tend to get separated from gen-pop because the other animals will generally deal with the pedophile / rapist quickly and severely.Complete equality isn't compatible with democracy, but it is agreeable to totalitarianism. After all the only way to ensure the equality of the slothful, the inept and the immoral is to suppress everyone else. - Iain Benson
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June 26th, 2008, 10:17 AM #19
Re: SCotUS Rules: Death Penalty Barred for Child Rape
Do they deserve death? Yes.
BUT... We can't forget about unintended consequences. If there's a death penalty for child rape, the rapist has NO reason to keep his victim alive.
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June 26th, 2008, 11:26 AM #20Junior Member
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Re: SCotUS Rules: Death Penalty Barred for Child Rape
I am heavily involved a child abuse awareness and prevention charity, and this decision disappoints me greatly. Belief in capital punishment or not In my opinion there is no greater crime than a crime against a child.
-LB
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