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Scanner Roundtable: Supreme Court Rules Against Executions For Child Rape

Posted by Brian Fairbanks

 

Yesterday, the Supreme Court of the United States ruled, by a 5-4 margin (as usual), that the death penalty cannot be used on rapists who do not commit murder.

This immediately affects a case in Louisiana, but Texas was prepared for this possibility.

The decision does not entirely overturn Jessica's Law in Texas, the statute named after Jessica Lunsford, a Florida girl who was abducted and killed in 2005. The ruling invalidates the Texas death provision, but legislators created a fallback position in the statute: Life without parole would apply if capital punishment for child rape was outlawed.

We're against the death penalty in every form, mainly because the idea of someone rotting in prison, closed up in a cubicle the size of our closet for decades on end seems way more fitting for a murderer than a few years in prison and then a quick, possibly painful death. And we read Dead Man Walking when we were about 13, so that could have something to do with it. 

What do you think? Did the Supreme Court make the right call or are they whimps? Should the death penalty be legal at all? 

Via the Dallas Morning News. 


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Comments

Mandy said:

No. I'm not for the death penalty under any circumstances.

I wonder if the comments section is going to get rambunctious on this one?

*Waits*

June 26, 2008 10:56 AM

maybeapril said:

The Supreme Court is in no way being a "wimp." It has never been our call whether or not someone gets to live or die. The purpose of imprisoning offenders is to protect innocent, non-raping citizens from being raped, pillaged, killed, that ilk. There is no such thing as killing in the name of justice, only in the name of self-defense.

June 26, 2008 11:01 AM

nederick said:

Scanner has a comments section?  Huh.

Anyway, this ruling aside, the death penalty is an illogical concept on many levels.  Unless your brain has been compromised by the pain of murder, you can see clearly that the death penalty does not prevent murder, is not dealt fairly, and can be dealt in error, which is beyond unacceptable.  As a flawed practice with the worst possible consequences when executed in error, it is unsupportable.  The only possible argument for the death penalty is that it gives the families of murder victims satisfaction, and a family's satisfaction is a poor reason for a law.

June 26, 2008 11:30 AM

profrobert said:

I actually like the concept behind the old English rule that all felonies were capital offenses.  Basically, if you're willing to even threaten violence to commit a crime, you pretty much forfeit your right to live.  Prisons are expensive to maintain, and rope is cheap.  

The problem, of course, is that such a rule creates an incentive for criminals to kill their victims to prevent them from being witnesses.  As well deserving of execution (and a painful one) a child-rapist is, having the death penalty would encourage such monsters to kill the children they attack.  However, notwithstanding it being bad policy, I can't see the death penalty as violating the Eighth Amendment.  The Framers enacted the Amendment when the death penalty was commonly used for all sorts of offenses.  This should be an issue for the legislatures, not the courts.

June 26, 2008 12:09 PM

maybeapril said:

Or we can do that other thing the Brits did: send them to Australia.

June 26, 2008 1:10 PM

About Brian Fairbanks

Brian Fairbanks, the Senior National Political Correspondent for Hooksexup, is a filmmaker living in the wilds of Brooklyn. He previously wrote for the Hartford Courant and Gawker/The Consumerist. He will be first against the wall, come the revolution.

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Emily Farris writes about culture and food for numerous publications and websites you've probably never heard of, including her own blog eefers. Her first cookbook will be published in fall 2008. Emily lives in Greenpoint, Brooklyn with her cat, but just one . . . so far.

Brian Fairbanks is a filmmaker living in the wilds of Brooklyn. He previously wrote for the Hartford Courant and Gawker. He won the Williamsburg Spelling Bee once. He loves cats, women with guns, and burning books.

Nicole Pasulka is a Brooklyn writer and editor who's always on the lookout for the dirty. Her other virtual home is at The Morning News, where things are squeaky clean most of the time.

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