Court upholds death sentence for child rape

Source: CNN / 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.

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

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.

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

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This person clearly should be punished for the crime that he committed, but is execution appropriate?

Is state sanctioned murder ever appropriate? What is the next crime for which people will be executed?

State sanctioned murder needs to be stopped.

Regardless of one's position regarding the death penalty, virtually no one would seriously consider having it imposed for anything less than as punishment for murder.

Should make for an interesting opinion, however, from the Supreme Court.

I must preface this by saying that I don't agree with capital punishment for any case.

However, I do understand the argument made for using it in cases of murder. I don't agree with it, but I can understand that line of thinking. But once we start applying to other situations, I just do not see the connection. If this man did the crime that he was convicted of, he should be separated from society and never be allowed to return.

first results, then find the law to fit.

I think there is something on a very, very fundamental level that says taking life where none has been taken is unjustified.

The death penalty for rape is inconsistent with lex talionis.

From your link:

West Wing handled this issue best... in a segment where the president was going to be asked the "if your daughter was raped and murdered" question. Toby said that he should be honest and say, "of course I would want him dead, in fact I'm sure I would want it to be cruel and unusual which is probably why its good that families of murdered daughters don't have rights to determine sentencing in these cases!"

Just because someone's emotions are running high is not justification for state sanctioned murder.

"of course I would want him dead, in fact I'm sure I would want it to be cruel and unusual which is probably why its good that families of murdered daughters don't have rights to determine sentencing in these cases!"
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You might want to notice that it was not her parents that determined this sentence. See the boxed quote from the OP's link in my last post.

You'll find no sympathy for this, or for any, convicted child rapist from me.

is not for his sake. It is not due to any sympathy for him. It is from a desire to live in a country where the government does not kill its own people.

For just that reason, I would strongly oppose any attempt to re-introduce capital punishment in the UK - even for murder.

And if 'asking the family members' of a victim is relevant to determining a sentence - then one might as well just go back to vendetta justice. It would be cheaper than trying and punishing people by law. There are good reasons why people *have*, on the whole, moved to a system where punishment is determined by objective criteria, rather than the anger of victims and their relatives.

I would want to murder someone who killed or seriously injured a family member; but in the long run, it is better for my family and myself and all of us to live in a society where violence and revenge aren't seen as acceptable.

It has nothing to do with sympathy for the rapist. The posts below explained this quite well.

Using that fallacy, a strong case could be made for stoning witches and burning heretics at the stake.

of sending livestock in compensation. Free the man and have him work off his debt? :shrug:

If we are going to move to a victim based system of law, then we should also consider that victims might simply want the money (another type of emotional reaction) and leave society to fend for itself.

In other words, not all victims seek violent revenge; some do seek forgiveness and redemption as well, but one would never know it as the Media tends to promote only one kind of 'victim' and one kind of solution. State-sanctioned Bloody murder.

Like the revision of torture is a revision of rights-based law, I think stuff like this is so the public gets used to state murder being used a political moral tool.

"Ask the 8 year old's parents."

Yeah, right, now there's an unimpeachable source of public policy :sarcasm:


The barbaric death penalty is NEVER justified on any level for any offense.

They're passing the same stupid law in Texas. Police and prosecutors oppose, noting that rapists will have a larger incentive to kill their victims.

If you're taking a person who is already sick enough to forcibly rape a child, knowing the differences in sentencing might just be the only thing keeping that sick SOB from killing its victim. In places where this type of sentencing becomes commonplace, I'd imagine a lot of rapists will end up killing their victims simply because they know the sentencing will be the same regardless, and by killing their victim, they get rid of the most important witness.

Put this person away for life, but don't put him in the chair.

"This person clearly should be punished for the crime that he committed, but is execution appropriate?"

IMO... I think that the rape of a child is an extremely reprehensible crime and to be honest if someone were to rape my daughter I'd probably want that person dead, of course if someone had raped my daughter I think that I'd be the one on Death Row and it'd be because I'd killed the person myself.

I don't think that the death penalty is always the way to go, perhaps a Life Sentence would be more appropriate, but I think that there are certain people who need to be wiped off the face of the Earth.

"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."

I do have to wonder however, How was the Blood Testing Inconclusive? and Why did it take 21 months to report the guy as her rapist?

if it were my daughter. I am not going to stand up and claim that I would be able to live up to my own ideals if I were put through that situation. However, I think this is a case where the ideals and the strength of society as a whole need to be upheld. As I said in a previous post, my desire to not have him executed for this in no way comes from any sympathy for someone who would do such a horrible act. I hope that anyone who would do such a thing suffers through their entire life for it. I just want to ensure that the damage he does stops with him and his victims and does not continue to wear down the rest of society any more than it has already.

to kill someone who would harm my child.

OTOH, a life sentence where they get to be someone's or many other's sex slave may be just as justifiable. Perhaps they should be required to spend a few hours every week/day with the parent of the child... have a guard there to ensure the parents don't kill him but allow them the opportunity to have their own justice. Or make it a crime that results in some *(better not to say since I'm unclear of the rule on certain words)* mutation, they won't be thinking about what they can do to a child again.

Life sentence is the least of the cruel things that run through my head when I think of what I'd want if someone were to harm my child.

I can only hope that my child(ren) grow up without them ever experiencing someone harming them in such a way, I can only hope to teach them to be careful of strangers and to know about what is acceptable and what isn't. And if something should happen may the person hope that neither I nor my SO get a hold of them before the police do.

Has horrific as the crime is, to mandate death in a non-murder case is beyond the pale! The saying "an eye for an eye leaves the whole world blind," and this goes way beyond that!

Although I wouldn't mind seeing that sicko prison-raped repeatedly, I don't like the slippery slope we are heading towards. What's next, hanging someone for stealing a loaf of bread?

a subliminal anchor that allows people to suspend all humanity and call for death to the person.

Because of that it can be used in other instances - politically - to bring up hateful feelings on other subjects and candidates by simply saying the term while talking about something else.

I've seen it many times here on DU. These people will give up all constitutional rights if it means getting a child sex offender.

That's a dangerous place to be in.

I'm a 5'2 inch woman with NO history of interest in boys, and I've been called a sex offender on this board for simply not agreeing with throwing out the rights of sex offenders.

This - the death penalty for them, is ultimate place where we will be when we are at the turn where other less hated groups lose their rights. The gays, blacks, women. child sexoffenders are the first and most hated, next all sex offenders, and next anyone percieved as immoral. That will go to people pro abortion and it will keep going.

This must be stopped. And people who believe in getting the sex offender no matter what, instead of seeing it as a mental illness, must be educated.

What makes a person who they are is not what others do to them, but it is how they react to what happens to them.

The same is true for society as a whole. A person like that can damage society and they must be stopped from being able to do so. However, society can damage itself even further by how it reacts to someone like that.

:thumbsup:

Well the European version of NAMBLA must be really kicking ass then. Except for in Belarus of course.

and taking away their rights is FACISM.

Deal with it.

It will always be the worst in society that it starts with.

North American Man/Boy Love Association. Not a very popular group at all, for some very obvious reasons.

And of course the poster who suggested that won't fully be able to comprehend how low that goes and completely justifies my posture that they have bought into facism.

I knew what was being said to you, which is why I posted what the group was so that you could see the remark made to you was a disgusting remark!

I agree with you that attitudes where state-sanctioned murder is doled out for non-murder situations is indeed the hallmark of fascist thought and a VERY dangerous slope!

I think you fell off the deep end.

If it is appropriate for anyone, it is appropriate for someone that .

:eyes:

to facism.

It always includes someone who is capable of hate over reason.

California-- which once had the best educational infrastructure in the world, and still has the largest university system in America-- will soon be spending more on its prisons than on higher education. Clearly, something is not working. Revenge is not a deterrent, or at least it isn't working out very effectively.

The death penalty for grand theft auto? :sarcasm:

Please don't misunderstand my frustration. I in no way condone what Patrick Kennedy did (is there anyone who COULD?). However, I agree w/ PPs that the death penalty for a non-murder felony seems a bit harsh.

There is no doubt in my mind that if this sicko would have raped *my* daughter, HE wouldn't be the one up for the death penalty -- it'd be me. However, in our justice system, cooler heads (are supposed to) prevail.

I have never been AGAINST the death penalty for heinous crimes, and this certainly qualifies as a heinous crime, but the punishment just doesn't seem to fit the crime here. I've always thought the death penalty was for heinous crimes such as 1st degree murder. I am definitely looking forward to see how the Justices rule on this one. Getting around that pesky amendment against "cruel and UNUSUAL punishment" will certainly be interesting, if they do in fact rule in favor of the state.

Once the SC says it's OK to DP somebody for a non-murder, then more and more things will be added to the list.

he be incarcerated within the general prison population.

Leave your revenge fantasies and emotions out of our justice system, please and thanks.