Child rapists can't be executed, Supreme Court rules

[Silverback]

WASHINGTON (CNN) -- The U.S. Supreme Court ruled 5-4 Wednesday that child rapists cannot be executed, concluding capital punishment is reserved for murderers.

Patrick Kennedy, 43, was on Louisiana's death row for raping his 8-year-old stepdaughter.

The ruling stemmed from the case of Patrick Kennedy, who has been on Louisiana's death row since 2003, when he was sentenced to be executed for raping his 8-year-old stepdaughter.

Justice Anthony Kennedy wrote in the majority opinion that "evolving standards of decency" in the United States forbid capital punishment for any crime other than murder. Execution of Patrick Kennedy, the justices ruled, would be unconstitutional.

Patrick Kennedy, 43, would have been the first convicted rapist in 44 years to be executed in a case in which the victim was not killed.

Kennedy was convicted of sexually assaulting his stepdaughter in her bed. The attack caused internal injuries and bleeding to the child, requiring extensive surgery, as well as severe emotional trauma, Louisiana prosecutors said.

"Difficulties in administering the penalty to ensure its arbitrary and capricious application require adherence to a rule reserving its use, at this stage of evolving standards and in cases of crimes against individuals, for crimes that take the life of the victim," Anthony Kennedy wrote in Wednesday's majority opinion.

Anthony Kennedy was supported by Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer.

Full Story

[Silverback]

If death was a mandatory or even most likely outcome to a child rape conviction, why would a rapist ever let his victim live to be a witness.

I hear what your saying (I am against the death penalty) but I have to wonder...after a savage crime like this what measure of life will a child have?

[Silverback]

I hear what your saying (I am against the death penalty) but I have to wonder...after a savage crime like this what measure of life will a child have?

Probably akin to someone who is missing limbs from a I.E.D. , suffering through terminal cancer or other disease, or FUBAR from an auto accident. Quality of life is what they make of it.

The problem is that child rape happens prior to the child having built significant coping skills. It's just a damn shame and it makes me sick.

[rangertough]

They will pull him off of "Death Row" and put him in General Population (unless they are as smart as I am, then it will be some form of Segregation.) Problem will take care of its self.

Tough

[rgrokelley]

The Boston Herald reports that Rep. James Fagan is a critic of the legislation:

Fagan, a defense attorney, infuriated victims' rights advocates during a recent House debate when he said he would "rip apart" 6-year-old victims on the witness stand and "make sure the rest of their life is ruined."
In a fiery soliloquy on the House floor, Fagan said he'd grill victims so that, "when they're 8 years old they throw up; when they're 12 years old, they won't sleep; when they're 19 years old, they'll have nightmares and they'll never have a relationship with anybody."
Fagan did not return calls seeking comment

http://www.bostonherald.com/news/region ... id=1102761

Nowhere do they mention his party affiliation. This is something the media has a problem with, unless they are republican, or conservative.

[Parabellum]

Death is something that should come at the hands of others AFTER the conviction.

Not having the "Death Penalty" keeps the kills off the books.

[EvilCouch]

The Boston Herald reports that Rep. James Fagan is a critic of the legislation:

Fagan, a defense attorney, infuriated victims' rights advocates during a recent House debate when he said he would "rip apart" 6-year-old victims on the witness stand and "make sure the rest of their life is ruined."
In a fiery soliloquy on the House floor, Fagan said he'd grill victims so that, "when they're 8 years old they throw up; when they're 12 years old, they won't sleep; when they're 19 years old, they'll have nightmares and they'll never have a relationship with anybody."
Fagan did not return calls seeking comment

http://www.bostonherald.com/news/region ... id=1102761

Nowhere do they mention his party affiliation. This is something the media has a problem with, unless they are republican, or conservative.

STATE REPRESENTATIVE
JAMES H. FAGAN
State House District Office
Room 163 26 Dean Street
State House Taunton, MA 02780
Boston, MA 02133
Telephone: 617-722-2040 508-824-7000
Facsimile: 508-823-9892
E-Mail: Rep.JamesFagan@hou.state.ma.us
Party Affiliation - DEMOCRAT

[42L5V]

There is a special part of hell reserved for those that abuse children who are entrusted in their care.

[Chiron]

This monster should be raped EVERY day at least until he bleeds from the bowls and after a few years of that just let him bleed out.....