Louisiana has obtained a death penalty against a man for raping an 8-year old child. Do you think that violates the 8th Amendment of the US Constitution (cruel & unusual punishment)?

If the facts of the case support the punishment, I support the death penalty for child rape. The UCMJ also has the death penalty for more crimes than capital murder. The punishment is not inconsistent with American legal tradition nor the Eighth Amendment.

A few decades ago, the US Supreme Court held that it was wrong to execute a criminal for rape of an adult. Will the court agree that it's different if the victim is a child? What about a serial rapist (as compared to a serial killer)?

If more states added rape of a child to the list of capital crimes, would it have more impact on a US Supreme Court decision?

After reading the recent decision to declare the execution of the mentally retarded unconstitutional, it looks like it would be more influential if more foreign countries, rather than US states added rape as death penalty eligible.

Well since they are also using public opinion polls (atkins) in their decision making, that may counter the foreign court rulings!

TDCAA posted the NY Times article regarding the DP case in Louisiana. It is interesting to read Judge Kennedy's comments about the relative value of being murdered vs. being spared from murder, albeit as a rape victim. I'm wondering where exactly the US Constitution draws that distinction. Sounds like a value judgment to me, something normally reserved for Legislative bodies.

For an article discussing the issue in some detail see Eighth Rape

Interesting article from Prof. Colb -- who, I note, has never NOT been a judicial law clerk or a law professor, meaning she has a lot of time on her hands to theorize on topics like this, seeing as how she's likely never actually practiced law in a courtroom of any type.

[NOTE: Sorry, I know this rant has nothing to do with the actual topic -- I'm just getting sick of law professors with zero practical experience lecturing other (real) lawyers and judges on the finer points of laws that they themselves have never actually used, one way or the other. I'm getting sick of these high-falutin' overblown legal talking heads ...]

Simmer down, Shannon!!! Remember that old adage "Those who can't,....Teach." I was wanting to spring that one on Jordon Steiker during the last session but Terry Keel more or less beat me to the punch! At any rate, no need to get mad about it. Let's just get our own bill adding child rape to the list of capital offenses and get us a sponsor for the next session. Let's go on the offensive for change! I can't believe we're behind Louisiana on this issue anyhow!

SCOTUS Kennedy case still pending on rehearing.


Details.

Not anymore.

Order.

Scalia's thoughts.

Doesn't Scalia's comment about national consensus say just what we all thought? First, the majority misses some law, then, it so lightly dismisses it.

JAS

Yeah, I liked the point that this all boils down to the majority saying sooner or later we have to rely upon our own independent judgement and experience.

Of course, if you really think about it, isn't that what it's always about?

SCOTUSblog has some analysis. They make the case that death penalty calculus is unchanged in that courts will still look first for a national concensus and second use their own judgment. How persuasive is the "military law doesn't matter" argument? Has the second step swallowed the first as Scalia argues?

[This message was edited by R.J. MacReady on 10-01-08 at .]

"The views of the American people on the death penalty for child rape were, to tell the truth, irrelevant to the majority's decision in this case."

Truer words were never written.

Scalia nailed it.

In considering the death penalty for a child rapist I am reminded of the words of Don Corleone from the Godfather, "That is not justice. Your daughter is still alive."

Fiction, the lot of it. But a fine series of movies. In the heat this summer, I watched them all again in one weekend.

JAS