Court Upholds Death Sentence for Child Rape

[nevadamedic]

NEW ORLEANS, Louisiana (AP) -- Louisiana's Supreme Court ruled Tuesday that a man may be executed for raping an 8-year-old girl, and lawyers say his case may become the test for whether the nation's highest court upholds the death penalty for someone who rapes a child.

Both sides say the sentence for Patrick Kennedy, 42, could expand a 1977 U.S. Supreme Court ruling that held the death penalty for rape violated the Eighth Amendment protection against cruel and unusual punishment. The high court said then that its ruling applied only to adult victims.

Attorney Jelpi Picou, director of the New Orleans-based Capital Appeals Project, said he will ask the Louisiana Supreme Court for a rehearing and, if rejected, will go to the U.S. Supreme Court.

"As horrid as (rape) is and as harshly as we believe it should be condemned, death is inappropriate in this case," Picou said.

Louisiana law allows the death penalty for the aggravated rape of someone less than 12 years old.

"He's the only person in the United States on death row for non-homicide rape," Picou said.

Kennedy was convicted in 2003 of raping a relative as she sorted Girl Scout cookies in the garage of her home in suburban New Orleans. He bragged to one man that the girl "became a lady today," deputies said.

His defense attorney at the time argued that blood testing was inconclusive and that the victim -- who didn't report that Kennedy was her rapist until 21 months later -- was pressured to change her story.

In Tuesday's opinion, Justice Jeffrey Victory wrote, "Our state Legislature and this court have determined this category of aggravated rapist to be among those deserving of the death penalty, and, short of a first-degree murderer, we can think of no other non-homicide crime more deserving."

Victory wrote that the Louisiana law meets the U.S. Supreme Court test requiring an aggravating circumstance -- in this case the age of the victim -- to justify the death penalty.

The governors of South Carolina and Oklahoma signed laws last year allowing the death penalty for people who repeatedly rape children. Richard Dieter of the Death Penalty Information Center in Washington, D.C., said he doesn't know of any successful prosecution under either of those laws.

A bill that would allow the death penalty for a second offense of child rape is awaiting the governor's decision in Texas.

Georgia law allows death as a penalty for rape. Dieter said Florida and Montana also have such laws, but authorities have said the penalty would be invoked only for rape of a child.

http://www.cnn.com/2007/LAW/05/23/child.rape.ap/index.html

Finally, this might work at a deterrant. Damn sicko, taking away the innosense of this child.

[LiberalNation]

I don't think it will really be a deterrant to people who would do such a thing but don't have any problem with him being executed for it either.

[remie]

I don't think it will really be a deterrant to people who would do such a thing but don't have any problem with him being executed for it either.

One thing for sure.....it will be a deterrant for him if they fry his ass.

[JLO]

I think that execution is the easy way out! Make the accused suffer! Have someone rape him so he can see how it feels! (Just a thought)

[5stringJeff]

I think that execution is the easy way out! Make the accused suffer! Have someone rape him so he can see how it feels! (Just a thought)

Two wrongs don't make a right. So raping a rapist isn't the answer. The chair, however, is a legit punishment.

[glockmail]

Two wrongs don't make a right. So raping a rapist isn't the answer. The chair, however, is a legit punishment. I was thinking more like tying him on his back in a hot desert and having the vultures finish him off.

[nevadamedic]

I was thinking more like tying him on his back in a hot desert and having the vultures finish him off.

My 8 year old gor raped and molested and the guy only got two years. I dont get it. I wish they could just have a standard punishment nationwide.

[Nienna]

One thing for sure.....it will be a deterrant for him if they fry his ass.

Exactly. Many child rapists are repeat offenders.

[glockmail]

My 8 year old gor raped and molested and the guy only got two years. I dont get it. I wish they could just have a standard punishment nationwide. That's terrible. I might go off the deep end if that happened to one of mine.

[Yurt]

I don't think it will really be a deterrant to people who would do such a thing but don't have any problem with him being executed for it either.

Don't you think that if people knew the penalty for their actions was certain death, not some fuzzy amount of time behind bars, that they would think a wee more about it?

I believe that if the death penalty was what you would get, period, no cop out plea or whatnot, many people would think very, very hard about their actions.

IMHO

[-Cp]

Two wrongs don't make a right. So raping a rapist isn't the answer. The chair, however, is a legit punishment.

Ya let him serve in Prison only a week for the raping.. then FRY him.. :)

Best of both worlds.....

[Yurt]

Exactly. Many child rapists are repeat offenders.

Unfortunately this is a fact, unless they are given a life sentence WITH the possiblity of parole.

Or dead...

[Gunny]

Don't you think that if people knew the penalty for their actions was certain death, not some fuzzy amount of time behind bars, that they would think a wee more about it?

I believe that if the death penalty was what you would get, period, no cop out plea or whatnot, many people would think very, very hard about their actions.

IMHO

Perhaps some middle-of-the-roaders would. IMHO, child rapists would not. A child rapist isn't safe even in prison, and that's pretty common knowledge; yet, they STILL do it.

It really doesn't matter whether capital punishment deters anyone. If it is just punishment for the criminal's act, then that is the price to be paid.

IMO, a grown man that rapes an 8 years old should be hanged, drawn and quartered in the town square.

[loosecannon]

It really doesn't matter whether capital punishment deters anyone. If it is just punishment for the criminal's act, then that is the price to be paid.



Nothing personal, but I couldn't agree less.

In reverse order. The only conceivably just system of piunishment is eye for an eye. In which case Yurt wins.

There simply is no rational measure for just punishment except equivelents.

Second deterence means everything.

I couldn't care less if the punishment was a slap on the hand if it detered the crime and enforced the law.

The prob is child rapists and pedophiles are exceptions to both cases.

No punishment will deter an incurable condition. Only imprisonment.

And by that same argument they don't really deserve punishment. Because thay have an incurable condition.

But they have to be imprisoned for the same reasons.

[Yurt]

Perhaps some middle-of-the-roaders would. IMHO, child rapists would not. A child rapist isn't safe even in prison, and that's pretty common knowledge; yet, they STILL do it.

It really doesn't matter whether capital punishment deters anyone. If it is just punishment for the criminal's act, then that is the price to be paid.

IMO, a grown man that rapes an 8 years old should be hanged, drawn and quartered in the town square.

Is this solely for punishment or deterrent?

[Yurt]

loosecannon;64737]Nothing personal, but I couldn't agree less.

In reverse order. The only conceivably just system of piunishment is eye for an eye. In which case Yurt wins.

You heard it hear first folks....

Ok, I don't recall saying eye for an eye is the only just punishment, so I am wondering why you are attributing this to me? Have a link?




There simply is no rational measure for just punishment except equivelents.

Vague. What are these "equivalents"?



Second deterence means everything.

Wow, we agree... *makes note in life journal*


I couldn't care less if the punishment was a slap on the hand if it detered or enforced the law.

The prob is child rapists and pedophiles are exceptions to both cases.

No punishment will deter an incurable condition. Only imprisonment.

I tend to agree to a definitive point. If imprisonment is simply to be locked up, what then is the point of rehabilitation? Rehabilitation is actually cheaper on society, unless of course we have the death penalty for more crimes. Not sure a bad idea (GIVEN my other post about death penalties needing to go through extremely tuff, thats the truff, standards ;) because those people would not be around to commit more crimes and I believe it would absolutely deter other such crimes.




And by that same argument they don't really deserve punishment. Because thay have an incurable condition.

Sounds like you are analogizing male to male sex (or gay as you say) with doing a sexual act with a child. As I have always said, it is the ACT. If one can refrain, one can be "reformed." Are you saying they can never refrain?

[waterrescuedude2000]

In some arab countries if you are convicted of raping they take a sword and castrate the individual why not do that to these people. I guarantee that these people would think twice about doing it.

[jimnyc]

Raping an 8 year old? IMO, nothing short of death would be appropriate. In fact, it should take as long as possible and be as torturous as possible.

[Doniston]

Is this solely for punishment or deterrent? i have always been in favor of cpital pinishment, and I would go further, for cases such as this. I don't really think it is a deterant, except for eone executed., but:

1. I think that it should be carried out as humanely as possible (the relatively painless Kavorkian method comes to mind) and,
2. Should be carried out, not as punishment, but as a future protection against it happening again by the same culprit, in the best interests of Society

[glockmail]

i have always been in favor of cpital pinishment, and I would go further, for cases such as this. I don't really think it is a deterant, except for eone executed., but:

1. I think that it should be carried out as humanely as possible (the relatively painless Kavorkian method comes to mind) and,
2. Should be carried out, not as punishment, but as a future protection against it happening again by the same culprit, in the best interests of Society


The problem with this case is that there is no DNA evidence. Unless the guy admitted it I'd say its a bad test case.

[shattered]

"As horrid as (rape) is and as harshly as we believe it should be condemned, death is inappropriate in this case," Picou said.

Bullshit.

That childs life will *never* be the same again. I say turn him over to the victims parents to do (quite literally) whatever they want with him. No boundaries. No jail time. No questions.

[nevadamedic]

That's terrible. I might go off the deep end if that happened to one of mine.

I was mad that they waited to tell me until he was in jail, oh well he will be out by October and were gonna have a little talk when he gets out.

[Yurt]

I don't think it will really be a deterrant to people who would do such a thing but don't have any problem with him being executed for it either.

Why not? You have no problem with it, so it seems you have an issue with deterrent. What about cutting off his member and letting him live? Does that work for you?

[Yurt]

i have always been in favor of cpital pinishment, and I would go further, for cases such as this. I don't really think it is a deterant, except for eone executed., but:

1. I think that it should be carried out as humanely as possible (the relatively painless Kavorkian method comes to mind) and,
2. Should be carried out, not as punishment, but as a future protection against it happening again by the same culprit, in the best interests of Society

Doniston:

What is "humane" about death? There are cases around the country bitching about the two hours it takes to kill someone by injection. A gun to the right spot, or a hangin would take, what.....

What is "humane" about death Doniston?

[nevadamedic]

Doniston:

What is "humane" about death? There are cases around the country bitching about the two hours it takes to kill someone by injection. A gun to the right spot, or a hangin would take, what.....

What is "humane" about death Doniston?

Short drop and sudden stop :laugh2:

[Gunny]

Is this solely for punishment or deterrent?

Both. It *might* snap some sense into some; though, questionable at best. It WILL deter this vermin from ever doing it again without him living a nice comfy life at taxpayers expense.