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Eugene Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-01-08 12:48 PM
Original message
Court won't revisit child rape execution case
Source: Reuters

Court won't revisit child rape execution case
Wed Oct 1, 2008 12:51pm EDT

By James Vicini

WASHINGTON (Reuters) - The U.S. Supreme Court
rejected on Wednesday a request by Louisiana and
the Bush administration to revisit its recent ruling
that outlawed the death penalty for those convicted
of raping a child.

The state and the Justice Department had asked the
nation's high court to take the rare step of
reconsidering its decision because they neglected to
tell the court that Congress in 2006 had made child
rape a capital offense under U.S. military law.

By a 7-2 vote, the court refused to revisit its
decision issued at the end of June. Republican
presidential candidate Sen. John McCain, his
Democratic rival Sen. Barack Obama and other
politicians all said they disagreed with the ruling.

Justice Anthony Kennedy said for the court majority
that the Constitution barred a state from imposing
the death penalty for the rape of a child when the
crime did not result, and was not intended to result,
in the victim's death.

-snip-

Read more: http://www.reuters.com/article/topNews/idUSTRE49065K20081001
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-01-08 12:53 PM
Response to Original message
1. The Court overreached. It should be a state issue.
I don't necessarily approve of the death penalty for child rape, but I don't think it is necessarily cruel and unusual punishment for states to assign a death sentence to such a perpetrator.

The states should get to decide, so long as due process is protected, and so long as we are not putting 18 year olds on death row for having sex with their 17 year old girlfriends.

I think the Court overreached its boundaries here.
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iandhr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-01-08 01:26 PM
Response to Reply #1
2. The ruleing was already made...
... in June by a 5-4 vote. The court just refused to reconsider the ruling.

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drgonzosghost Donating Member (206 posts) Send PM | Profile | Ignore Wed Oct-01-08 02:12 PM
Response to Reply #1
3. I agree with your point on 18 and 17 year olds but....
When it comes to a child like 2-8 years old (just an example), I absolutely believe that should be a capital crime. Because that IS a murder in alot of respects. I consider myself pretty liberal in all respects save for this issue. I know statistically it's not an effective deterrent, but I do believe it to be a just punishment for these monsters.

Just my 2 cents there...
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