Supreme Court: No Death Penalty for Child Rape
Posted on June 25, 2008
It just wouldn’t be right if I didn’t comment on the 5-4 decision for the Supreme Court to rule itself over State’s rights, and the majority’s standard. This is just another example of how important it is to have someone that will appoint constitutionalist judges. The larger liberal side of the court won out once again here, and now one of the most deplorable crimes imaginable can not receive the justice deemed by state laws written by the elected. They base the judgment off of their own standards of the definition of “cruel and unusual”, and Kennedy throws some moral ridiculousness in there about murder being the only crime deserving of the death penalty.
Here is a good portion from Alito’s dissent:
With respect to the question of moral depravity, is it really true that every person who is convicted of capital murder and sentenced to death is more morally depraved than every child rapist? Consider the following two cases. In the first, a defendant robs a convenience store and watches as his accomplice shoots the store owner. The defendant acts recklessly, but was not the triggerman and did not intend the killing. In the second case, a previously convicted child rapist kidnaps, repeatedly rapes, and tortures multiple child victims. Is it clear that the first defendant is more morally depraved than the second?
The Court’s decision here stands in stark contrast to Atkins and Roper, in which the Court concluded that characteristics of the affected defendants—mental retardation in Atkins and youth in Roper—diminished their culpability. Nor is this case comparable to Enmund v. Florida, 458 U. S. 782 (1982), in which the Court held that the Eighth Amendment prohibits the death penalty where the defendant participated in a robbery during which a murder was committed but did not personally intend for lethal force to be used. I have no doubt that, under the prevailing standards of our society, robbery, the crime that the petitioner in Enmund intended to commit, does not evidence the same degree of moral depravity as the brutal rape of a young child. Indeed, I have little doubt that, in the eyes of ordinary Americans, the very worst child rapists—predators who seek out and inflict serious physical and emotional injury on defenseless young children—are the epitome of moral depravity.
Absolutely. I think that child rape is one of, if not THE worst crime imaginable and deserves the worst kind of punishment. If Kennedy really thinks that death is not proportional to the crime of child rape he has no competency to be on the Supreme Court.
Kennedy’s 36 pages of insufferable blather amount to little more than a declaration that the majority doesn’t think that capital punishment is ever a fair penalty for the rape of a child—“no matter,” as Justice Alito puts it in his dissent, “how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime, no matter how much physical or psychological trauma is inflicted, and no matter how heinous the perpetrator’s prior criminal record may be.”
If I find time, I may focus more attention on Kennedy’s string of assertions. For now, I’ll just call attention to the facts that occasioned Kennedy’s pronouncement that “[e]volving standards of decency must embrace and express respect for the dignity of the person”—the person whose dignity is the object of his concern being the rapist, not the victim and not other future victims.
Judicial activism is out of control! It is far past time for something to be done about this! I agree with Greg at Rhymes With Right:
I’d like to urge one or more members of the House of Representatives to file motions for impeachment against Anthony Kennedy. Put each and every Congressman on record right now, four and one-half months before the next election — do they support allowing the Supreme Court to impose their own extra-constitutional standard rather than that set by the Constitution and the laws enacted by the United States and the several states.
Now some may challenge me, raising the spectre of billboards from decades past urging Congress to “Impeach Earl Warren”. The difference here is that while many of the opinions of the Warren Court were controversial and unpopular, it was difficult to argue that they were not grounded in the Constitution — indeed, the roots of those decisions were buried in the fertile loam that is the text of that guiding document. The same cannot be said of these two most recent judicial monstrosities brought forth by Anthony Kennedy.
I sincerely doubt that the Senate would vote to remove Anthony Kennedy if the House adopted articles of impeachment against him, but the precedent would serve as a powerful warning against such naked judicial activism.
Indeed. MacRanger is with us! Its time to demand some impeachments! Who else is with us?
Hot Air has a good summary as well.
If you want to know the sickening details of the child rapist the Supreme Court saved today and what he did to his own daughter, go see Michelle Malkin’s post. Our country is officially down the drain.
» Filed Under Activist Judges, Government ethics/corruption, News, Socialism, Stupidity, Supreme Court
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4 Responses to “Supreme Court: No Death Penalty for Child Rape”
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I think ALL RAPISTS should automatically get the death penalty. How can someone violate another person in such a vile and disgusting manner and still keep his or her own life? I say once again…AUTOMATIC DEATH PENALTY FOR ANY RAPISTS (CHILD, TEEN, ADULT, SENIOR). RAPE IS RAPE, NO MATTER THE AGE OF THE VICTIM. Oh, and by the way, I am a democratic, biracial, lesbian and Christian.
While I can see why an action that does not kill anyone, or is not intended to kill anyone, can be said to not merit a death penalty, the Court’s majority opinion leaves a LOT to be desired, that’s for sure! OsiSpeaks[dot]com
I did not want the death penalty because even as horrific as the rape of a child is, it would hurt other cases. As anger as a person is, when you start putting rapists to death it gets harder to convict people of rape. It is even more difficult when that rapist is a member of your own family. I know that sounds difficult to believe, but in our case we would have condemned our cousins’ father to death, and we could not do that.
This begs the question ..
What do Al Gore and raped children have in common ?
Answer