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06.25.2008 4:36 pm

What’s your reaction to the high court’s decision on child rape?

St. Louis Post-Dispatch

The U.S. Supreme Court today ruled that a Louisiana law mandating the death penalty for child rape was unconstitutional. Says the Associated Press story today:

The Supreme Court declared Wednesday that executions are too severe a punishment for raping children, despite the “years of long anguish” for victims, in a ruling that restricts the death penalty to murder and crimes against the state.

The ruling was 5-4, split along predictable lines, with Justice Anthony Kennedy writing the majority’s opinion (link to the PDF file). The AP story goes on to say that, “The ruling also invalidates laws on the books in five other states that allowed executions for child rape that does not result in the death of the victim.”

In Missouri, some lawmakers and Gov. Matt Blunt had pushed for similar legislation. The governor reacted to the court’s ruling:

“Child predators attack the innocent and the defenseless, and the pain they inflict is permanent - in many cases physically and in all cases emotionally,” Blunt said in a statement. “I am extremely disappointed in the court’s decision not to allow the most serious punishment, both as a matter of justice and deterrence to protect our children from vile sexual predators.”

And my colleague Jake Wagman writes on the Political Fix blog that attorney general candidate (and state senator) Mike Gibbons was also outraged. Also, he writes here about Democratic attorney general candidate Chris Koster’s view, which is also opposed to the high court.

Are you? Or did the court do the right thing?

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63 comments

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I can understand the publics outcry over this decision, but back in the day when the Constitution was written, the King could lock you up without charge and subject you to punishment that people today have a hard time understanding. The Framers sought to change that for good in this country. However, there is an out for the American Public. Just have your Senator or Congressman introduce a bill amend the Constitution. Once it passes both houses, the President, and is ratified by 37 states, it is now the law of the land and cannot be challenged.

— Tim
6:42 pm June 25th, 2008

This is a different Tim btw…

It is a good ruling. Yes the crime of child rape is horrific and the person that commits it should be locked up for a very very long time. Quite frankly you HAVE to be mentally ill to do this to a kid. We don’t put mentally ill criminals to death, but we do lock them up and throw away the key.

Don’t forget that, in the prison system, people who abuse children are the lowest of the low. These scum are not having a good time in the penitentary…

— Tim
9:42 pm June 25th, 2008

While I can see why an action that does not kill anyone, or is not intended to kill anyone, can be said to not merit a death penalty, the Court’s majority opinion leaves a LOT to be desired, that’s for sure! OsiSpeaks[dot]com

— KYJurisDoctor
11:24 pm June 25th, 2008

I think it’s a terrible ruling. The idea that insane people of this caliber aren’t in control of their actions and need to be taken care of by our tax dollars is ridiculous. Humanitarianism should only go so far. Pedophiles and NAMBLA members should lose their rights every time they aere caught, starting with their right to vote, and ending with the revocation of their right to life.

And this is an Obama Democrat talking. I’m hardly the sort of person who believes in the death penalty for every offender. But child sex? Come on, that’s just not right by any stretch of the imagination.

— Balabanto
11:46 pm June 25th, 2008

You lefties truly crack me up. So here you have an animal that rapes a child and you think you smack his hand and put him in prison. Sorry, but I have no sympathy for any pedophile.

My solution to convicted pedophiles is to take them to the center of the city or town and slit their throats so they can’t do it again. They are animals and don’t deserve to live. Please please please don’t give me this rehabilitate crap. This is a line that should NEVER be crossed EVER!

— superdave
11:53 pm June 25th, 2008

The supreme court embarrasses our nation with this ruling.
It would be better for them to have a mill stone tied around thier necks and be cast into the sea than to offend one of these little ones.~Jesus.
It appears the Supreme court has no fear of God.It appears the supreme court has no love or desire to be a guardian of our children.It appears
the Supreme court is protecting one of the most henious crimes ever committed,the most reprehensible more repugnant than an ignorant who would rob a grave.Let the blood and the anguish of every child victim be upon thier hands from now until the day and on the day of judgement. It is unreasonable if the will of the people is to use fear of horrible reprisal to attempt to persuade pedophiles from harming our children our most precious assett then what else will they do to allow harm without punishment? To allow a man or a woman who would attack an innocent child ,who has shown that is willing to kill said child to be able to live past thier right to exist among human kind is not discernable or reasonable. To think crimes against the state weigh more heavily than crimes against children of rape is ludicrous.I wish I could fathom words which would plumb the depths of my despair,my anguish,my exasperation over this ruling.How can a nation sink so low in its fiber and morals to even entertain the notion that a child rapist has any right to life? The gates of hell are wide open and the demons who hate these tender little one’s are cackling and licking thier lips with lust to rob these little ones of ever knowing peace in love and healthy sexual relations. Damn the Supreme court and all among them who affirmed this ruling. Damn the supreme Court,we should tar and feather these scoundrels of hypocrisy and put them in a cage with all the pedophiles who rape a child. Away with these evil doers God please save America from these vile darkened minds of reprobate conscious. Destroy these monsters who have set themselves against our children every last one of them.

— martin
11:59 pm June 25th, 2008

I say it again the supreme court has ruled in treason against the america.
This ruling is a crime,it is a crime. I am not saying this in rage but sober reflection.This is a crime.Even the Supreme court is not above the law and must face punishment if they committ a crime.We the people must rise up and end this tyranny.This is the voice of Tyrants,despicable,vile,
hard hearted,darkened minds and souls.This decision is the decision of humans with no fear of thier fellow man,it is time for we the people to cry loud and long and suffer if need be to protect our neighbors children.
I am 49 and have no children,I have been celebate for many years. I desire sex very strong,but I dare not even glance at a child in such a manner,rather if opportunity arose I would defend the child with my life and gladly give my life and value it as a profitable sacrifice for even one child saved from this horrible torture.This is not rape ,this is not sex ,this is a n act of life long inflicted torture,on the child,the parents,the siblings and our society.It is a crime against all humanity.Each and every one of us are horrified by these acts of vile torture. If an aligator attacked a child would anyone not hesitate to attack the aligator and kill it to rescue the child? Even our pets we esteem greater and would kill an aligator,how can we allow any attack on all the power of deterent we can muster to persuade the pedophile to not committ this darkened, selfish,wicked act of Torture be allowed.
I tell yuo a crime against all america has been committed by these supreme court justices and they must be held accountable for thier crime they just committed,if not now,then when? If not for this,then for what?
And how much further will we allow our nation to slip into repugnat immorality before we demand it stop and convert to moral and peaceful relations and protection of all which is common.I cannot only but wonder the fate of my nation with all of this erosion of all we hold valueable,now even our children have been caste as worthless serfs in the eyes of the all powerful aristocrats of power and protection.Whose interests are they now protecting? Our families? Whose interests are they protecting? Our childrens? Whose interests are they protecting? our law makers? Whose interests are they protecting? our bill of rights? In what manner are they protecting our bill of rights when all of those rights were violated by the pedophile? Did the criminal who attacked the child consider the bill of rights of the child,the mother,the father,the neighbor,our society? In what manner are we protecting,what is it they think they are protecting? It is the question,this is the question,this must be answered,and it must be reasonable to kill my argument,to silence my dissent,for my opinion is strong and unwavering and I cannot find in my mind any protection of anyone or any of society,other than the pedophile.
now to him who says pedophiles are legally insane,sorry not clinically proven. More like cunning ,selfish,pleasure seekers without moral restraint or any concept of harm or damage to others is what defines a pedophile.So if the only thing being protected is the pedophile then my argument stands,show me how this ruling protects our nation from severe damage,I argue it in contrary does horrible and irrepairable damage to the fabric of our society. Would the brave police office please carry a throw away gun and kill the bastards everytime you find one. End this madness shut those fools in high places up.

— martin
12:27 am June 26th, 2008

I am the writer of the two comments above this one.I have no fear of my words,nor will I hide who I am or where I am from my words.
I read my last thought stop this madness shut these fools up,and I thought to myself I am right,these liberal justices are mad inthier minds and unrestrained,I am in decsion that liberal justices have become a menace to our society and are the destroyers of our society. These rulings point to the decay of our nations institutions,our family institution,our common law, and time after time these liberal justices rule in barbaric and non sensible,unreasonable thinking.The great destruction og our society can be be traced to the these legal reprobates who seek and search for an unrelenting attack upon common law.The inroads of lawlessness and the damages done by these lawless decision makers can all be traced to thier ruling in derision and disregaurd of the impact upon our society and its institutions.They attack our civil liberties and attempt to silence dissent but they offer liberal freedom to lawless behaviors of the most reprehensible kind. I argue if investigations into the private lives of these liberal justices were to be conducted with honet and fair and diligent investigation,I believe you would find horrible sexual misconduct and I will go as far to say pedophilia can and will be found in thier past.
I tell you the truth from an investigative body of evidence,that liberals love to hide behind power to protect themselves from darkened criminal acts and often liberals are unrestrained in thier sexuality and I argue there is a seed of selfish protection written in each and every affirmation by these 5 liberal justices. I also argue without reading the dissent,that you will find 4 reasonable and conservative justices who affirmed to uphold the law written for capital punishment. This decsion must be scrutinized and this decision cannot be allowed to go without national public outcry.This decision must spotlight these liberal justices and the demand for investigation into thier backgrounds and all who know them and have evidence to prosper thier defeat be brought forward in honest testamony delivered to the light of broad public scrutiny until we rid ourselves of this monster of destruction plaguing our society.
it is written the liberal will be known as viscious,i argue it is time for us to weight the liberal by thier deeds not thier arguments of perpetual dissent and rage for rights of the most immoral kind.I tell you there is henious criminal backgrounds in these justices past and it is thier own flesh they seek to protect.

— Martin Walt jacksonville,Florida
1:02 am June 26th, 2008

When a child is a victim in any crime especially rape, your gut reaction is to snuff out the animal who hurt them. This idea of these jerks sitting and rotting in a jail only to be released, usually unreformed, years later makes no sense. When you think about it how many of our laws were written by people with common sense? They should absolutely put these jerks to death because even though they left the body of these children alive, their minds and hearts are ruined for their lifetimes. How pathetic and sad that the day has come when this country snubbs it’s nose at an innocent child just to spare the animal that violated them.

— Gina
6:49 am June 26th, 2008

I’ll bet if somebody raped those judges kids, they might think differently. I don’t think much of the death penalty because of the police habit of manufacturing evidence which goes on a lot more than people think. But in this case, somebody rapes my kid had better hope the law gets him before I do. He might find the state’s death penalty more humane.

— Jom
6:51 am June 26th, 2008

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