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Old 10-07-2006, 02:06 PM
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Death for child rape

Lt. Gov. David Dewhurst's Tuesday announcement of a proposal to add the death penalty as a sentencing option for repeat child sex offenders no doubt appeals to many Texans on an emotional level. The very idea of an adult preying on a child should evoke not only righteous anger but legislation that will attempt to prevent it from happening and will severely penalize those who are caught after the fact.

But Dewhurst's timing smacks of outright political pandering, and his proposal is troubling on several levels.

It is, quite possibly, unconstitutional.

The U.S. Supreme Court historically has weighed the proportionality of the sentence when it comes to the use of the death penalty. The punishment must fit the crime.

Justice Byron White, writing the court's opinion in Coker vs. Georgia, which rejected the death penalty for the rape of an adult woman, articulated the concern about the disproportionate use of capital punishment.

"Rape is without doubt deserving of serious punishment; but in terms of moral depravity and of the injury to the person and to the public, it does not compare with murder, which does involve the unjustified taking of human life," White wrote in the 1977 decision. "Although it may be accompanied by another crime, rape by definition does not include the death of or even the serious injury to another person. The murderer kills; the rapist, if no more than that, does not. Life is over for the victim of the murderer; for the rape victim, life may not be nearly so happy as it was, but it is not over and normally is not beyond repair. We have the abiding conviction that the death penalty, which 'is unique in its severity and irrevocability,' is an excessive penalty for the rapist who, as such, does not take human life."

Granted, state legislatures and even Congress have established harsher penalties for some crimes against children. That doesn't remove the question of whether that should be done with this category of crime.

Is the rape of a child depraved enough in society's mind to warrant the death penalty? If you're that child's parents, probably so. But as a general proposition, do Americans want to expand the use of capital punishment? As a society, do we believe that the problem of sex offenders can be eliminated by killing them off?

What about crimes against the elderly? Should the sexual offense of someone equally as vulnerable as a child also be subject to the death penalty?

It is difficult to dismiss the concerns of those who say that this proposal, if enacted into law, takes away the disincentive for the offender not to kill the victim and eliminate the main witness to the crime.

And would this proposal deter witnesses from stepping forward to report a family member who may be a repeat offender? It's hard enough to get relatives to report these crimes now, no matter how awful.

Should the Legislature commit more funds to prosecute those involved in crimes against children? Sure. Should the Texas attorney general's office aggressively go after cyberspace prowlers who contact potential underage victims over the Internet? Absolutely.

What Texas doesn't need is an expansion of capital punishment to cases that do not involve the death of another human being.

The nation's highest court also considers evolving standards of decency when it comes to determining whether a particular use of capital punishment is constitutional. The justices look to how many states have gone one way or the other on the use of capital punishment. Witness Atkins vs. Virginia, which exempted the execution of the mentally retarded, and Roper vs. Simmons, which removed the death penalty from cases in which a juvenile committed the murder.

Evolving standards of decency are not the only consideration in deciding such cases for the Supreme Court, but they do constitute one criterion. Thus far, only a few states have extended the death penalty to those who rape children.

Dewhurst apparently wants to start changing that balance. Even if it were to turn out to be constitutional, that doesn't make it good policy.
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  #2  
Old 10-09-2006, 05:24 AM
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Ahh hell, just kill the fuckers. those who rape adults, too. How many people are emotionally destroyed by rape? they can "get better", but it NEVER goes away! And when it happens to k8ids, it keeps the cycle going. A lot of children raped and molested end up doing the same thing themselves, or sit by when it happens to their kids.

"it doesnt prevent other people from doing it." Actually, im sure the death penalty alone has prevented many murders from happneing. The thought of dying for your actions is usually enough to make anyone think twice about it.

The other thing, "let the punishment fit the crime". if thats the case, if you arent going to kill them, then they need to be brutally violated in such a way that they sit in the back of their cell and cry about it every time they think about it. Destroy them emotionally, take anything that may have been innocent in them, and make anything that might make them happy hurt. THAT is a fitting punishment.
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Old 10-09-2006, 05:43 AM
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Quote:
Originally posted by Vodstok
Ahh hell, just kill the fuckers. those who rape adults, too. How many people are emotionally destroyed by rape? they can "get better", but it NEVER goes away! And when it happens to k8ids, it keeps the cycle going. A lot of children raped and molested end up doing the same thing themselves, or sit by when it happens to their kids.

"it doesnt prevent other people from doing it." Actually, im sure the death penalty alone has prevented many murders from happneing. The thought of dying for your actions is usually enough to make anyone think twice about it.

The other thing, "let the punishment fit the crime". if thats the case, if you arent going to kill them, then they need to be brutally violated in such a way that they sit in the back of their cell and cry about it every time they think about it. Destroy them emotionally, take anything that may have been innocent in them, and make anything that might make them happy hurt. THAT is a fitting punishment.
I agree. Rape and child molestation is something that will NEVER go away with time. Many of my ex's had been raped, and everytime the word "Rape" was mentioned, they start crying. Even after it had happened years ago. It never heals.

I think not only should they be emotionally hurt, but after a year of being tormented or so, come up with a type of brutal death for them. Like say, being stabbed fifty times while they are raped in the ass!
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Old 10-09-2006, 06:15 AM
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Quote:
Originally posted by VampiricClown
...while they are raped in the ass!
And what, pray tell, are we to do with the guy raping him in the ass?
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Old 10-09-2006, 06:22 AM
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Originally posted by The_Return
And what, pray tell, are we to do with the guy raping him in the ass?
He is kind of like an executioner. It is state mandated and it isnt a crime at that point, it is the carrying out of a sentance.
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Old 10-09-2006, 06:48 AM
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I wouldn't oppose the death penatly for child rapists, especially repeat offenders but if they are so stuck on this "punishment must fit the crime" crap, then I would suggest going back to the days when we castrated rapists. Pretty much solves the problem of repeat offenders right there.
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Old 10-09-2006, 07:20 AM
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Quote:
Originally posted by bwind22
I wouldn't oppose the death penatly for child rapists, especially repeat offenders but if they are so stuck on this "punishment must fit the crime" crap, then I would suggest going back to the days when we castrated rapists. Pretty much solves the problem of repeat offenders right there.
Cut the whole package off. Let them learn how to sit to pee, or piss through a tube. Then, rather than quickly taking your kids away from the, , you can just point and laugh.

All child molesters would start being referred to as "Ken Dolls":)
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Old 10-09-2006, 08:02 AM
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Quote:
Originally posted by bwind22
I wouldn't oppose the death penatly for child rapists, especially repeat offenders but if they are so stuck on this "punishment must fit the crime" crap, then I would suggest going back to the days when we castrated rapists. Pretty much solves the problem of repeat offenders right there.
Not necessarily. For some(alot of?) child molesters it's more about power then sex.
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look at yourself - you're a f*cking mess, and yet you're saying nothing happened? - nothing happened???
yes, i know so much is so ordinary, so coarse, and so vulgar. but survival is simply not enough. nowhere near.
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Old 10-09-2006, 09:04 AM
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Quote:
Originally posted by azathoth777
Not necessarily. For some(alot of?) child molesters it's more about power then sex.
That's the case with any sex crime, but cutting off theior goodies insures that 90% of the pleasure they gained from it is gone.

it would be like eating chocolate on a double dose of prozac, you would KNOW you should enjoy it, and you would be conciously aware that it was somehting you liked and craved, but would be unable to physically feel the pleasant effects, which is actually even worse torture than outright denial.
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Old 10-09-2006, 09:37 AM
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Quote:
Originally posted by Vodstok
That's the case with any sex crime, but cutting off theior goodies insures that 90% of the pleasure they gained from it is gone.

it would be like eating chocolate on a double dose of prozac, you would KNOW you should enjoy it, and you would be conciously aware that it was somehting you liked and craved, but would be unable to physically feel the pleasant effects, which is actually even worse torture than outright denial.
But they would still be funny touching kids, regardless of the pleasure they did/didn't get from it.
Lets compromise, we strap them in the chair, cut their willy off, then throw the switch.
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look at yourself - you're a f*cking mess, and yet you're saying nothing happened? - nothing happened???
yes, i know so much is so ordinary, so coarse, and so vulgar. but survival is simply not enough. nowhere near.
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i demand and expect quality.
right now, once and for all.
quality time.
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