Is the the Louisiana Supreme Court's decision to overturn the Death Penalty sentence of a violent child rapist (his own five year-old step-daughter) another clear case of a state's Supreme Court being completely out of touch with the will of the very people they are supposed to represent?
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The Supreme Court ruled today that a Louisiana man can not be put to death for the rape of a young child.
The Supreme Court ruled in a 5-4 decision that Louisiana death row inmate Patrick O. Kennedy can not be put to death for the rape of his then-8-year-old stepdaughter. In the 5-4 decision, the majority held that the death penalty for child rape is unconstitutional. Louisiana and five other states have laws imposing the death penalty for that crime. In court documents his lawyers argued, "Prosecutorial practices confirm that society views the death penalty as disproportionate to the offense of child rape."
The lawyers say that such a punishment remains "a freakish exception" to the typical sentence of imprisonment imposed in thousands of other cases across the country. Supporters of Louisiana's law disagree and argue that the death penalty is a just sentence for child rape.
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The Supreme Court ruled in a 5-4 decision that Louisiana death row inmate Patrick O. Kennedy can not be put to death for the rape of his then-8-year-old stepdaughter. In the 5-4 decision, the majority held that the death penalty for child rape is unconstitutional. Louisiana and five other states have laws imposing the death penalty for that crime. In court documents his lawyers argued, "Prosecutorial practices confirm that society views the death penalty as disproportionate to the offense of child rape."
The lawyers say that such a punishment remains "a freakish exception" to the typical sentence of imprisonment imposed in thousands of other cases across the country. Supporters of Louisiana's law disagree and argue that the death penalty is a just sentence for child rape.
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Or is it actually a decision that makes sense (for once)?
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But Kennedy received support from unlikely allies: victim's rights groups. They fear that imposing the death penalty for child rape could encourage child rapists to kill their victims. "If the offenders know that they don't face any greater risk for killing the victim then they do for raping the victim, what is their incentive for letting the victim live?" said Judy Benitez, who is the executive director for the Louisiana Foundation Against Sexual Assault.
Some victims of child rape also support Kennedy. Jody Plauche, now 35, who was raped and kidnapped as a child, says that the possibility of the death penalty adds too much burden to the child. "A child who's been raped has been through enough," he said.
Some victims of child rape also support Kennedy. Jody Plauche, now 35, who was raped and kidnapped as a child, says that the possibility of the death penalty adds too much burden to the child. "A child who's been raped has been through enough," he said.
I guess they could be right - a child molester who knows that he's going to get the chair will probably kill his victim to keep his crimes secret. But these deviants are a stain on the human gene pool and really do need to be removed. So I guess there's really only one solution: vigilante justice. Somebody needs to call Chuck Bronson and have him take this guy out (and all the others of his ilk).
