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SCOTUS: Death Penalty Only For Murders

From the Agence France-Pressee:

US Supreme Court rejects executions for child rape

WASHINGTON (AFP) – The US Supreme Court ruled on Wednesday that the death penalty should not apply to a man convicted of raping a child, saying that capital punishment only applies to murderers.

"The Eighth Amendment (of the US Constitution) bars Louisiana from imposing the death penalty for the rape of a child where the crime did not result, and was not intended to result, in the victim’s death," said the justices in a 5-4 decision.

In its ruling, written by Justice Anthony Kennedy, the high court cited a "national consensus" reflected in the vast majority of US states that did not have laws allowing capital punishment for the crime of child rape.

Given previous court rulings and its interpretation of the US Constitution, the justices held that "the death penalty is not a proportional punishment for the crime of child rape."

The case involved an appeal by lawyers for Patrick Kennedy, 43, who was sentenced to death in 2003 for raping the daughter of his girlfriend five years earlier, when the child was eight years old.

Since the death penalty was reinstated in the United States in 1976, it has only been carried out for crimes of murder.

In 1977 the Supreme Court overturned the death sentence of a rapist, saying the punishment for the crime was excessive and fell under the constitution’s proscription of "cruel and unusual" punishment…

This is just the latest fatwa from the five Imams on the Supreme Court.

In its ruling, written by Justice Anthony Kennedy, the high court cited a "national consensus"

Remember when the Supreme Court used to make its rulings based on the Constitution?

And how do they know this is the national consensus? And will they follow the "national consensus" on other issues, such as abortion?

Meanwhile, here is the musty old Eighth Amendment says in toto:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Which somehow has been twisted by five mullahs to mean:

"The Eighth Amendment (of the US Constitution) bars Louisiana from imposing the death penalty for the rape of a child where the crime did not result, and was not intended to result, in the victim’s death," said the justices in a 5-4 decision.

Even the worst Muslim scholars would not be so daring.

Texas, Oklahoma, South Carolina, Montana, Louisiana, Florida and George all have legislation allowing the death penalty for child rape.

Apart from them, the US Congress and other states and their citizens foolishly believed they could allow the death penalty for other crimes besides murder.

Other Statutes allowing the death penalty for non-murder crimes

Treason (Arkansas, Calif., Colorado, Georgia, Illinois, Louisiana, Mississippi, Missouri, Washington)
Aggravated kidnapping (Co., Idaho, Il., Missouri, Mont.)
Drug trafficking (Fl., Missouri)
Aircraft hijacking (Ga., Mo.)
Placing a bomb near a bus terminal (Mo.)
Espionage (New Mexico)
Aggravated assault by incarcerated, persistent felons, or murderers (Mont.)

Federal capital statutes for non-murder crimes

Espionage (18 U.S.C. 794)
Treason (18 U.S.C. 2381)
Trafficking in large quantities of drugs (18 U.S.C. 3591(b))
Attempting, authorizing or advising the killing of any officer, juror,or witness in cases involving a Continuing Criminal Enterprise, regardless of whether such killing actually occurs (18 U.S.C. 3591(b)(2))

But obviously the Congress and state legislatures and the citizens they represent were sadly mistaken.

For now treason, espionage, kidnapping, drug trafficking, hijacking, bombing — are now no longer punishable by death.

Five unelected men in black robes have decided.

This is not the system our framers created. In fact, it is the very nightmare of despotism they had hoped to avoid.

Something will have to be done.

This article was posted by Steve on Wednesday, June 25th, 2008. Comments are currently closed.

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