JACKSONVILLE, Fla. — A new bill filed in the State Capitol would allow for juries to recommend the death penalty for those convicted of sexual battery on children under the age of 12.
That's a waste of time. Just put them into general population and some killer who hasn't seen his kids in 5 years will just shank the poor defenseless rapist.
In Coker v Georgia the US Supreme Court held that the death penalty for the rape of an adult woman was unconstitutional under the Eighth Amendment to the Constitution. https://www.law.cornell.edu/supremecourt/text/433/584
In 20008, in Kennedy v. Louisiana, the Court held that in any case where the victim does not die, the death penalty is unconstitutional under the Eight Amendment.
These decisions are FUBAR. Read the facts of the case in each one at the above links and you will see that we have justices with no sense of justice on the Supreme Court. These assholes get a paycheck for effing up a large percentage of the cases that they touch. Florida's law is an uphill battle indeed. If applied, the punishment will be rejected at the criminal's trial. And it will be rejected at each level of appeal. Finally, if Florida appeals to the Supreme Court, the Court has to accept the case. They can reject it for no reason. If accepted, it will need the vote of 5 justices to overrule Kennedy v. Louisiana, and the Court does not overrule prior precedent lightly. I predicted that Roe v Wade would be overturned because there is no right to an abortion specified in the Constitution, despite the Court's once insistence that the right to privacy was there, in the "penumbras and emanations" of the Constitution. A valid argument exists that the death penalty for child rape is neither cruel nor unusual.
The Court determined that any one of 4 factors makes a punishment "cruel and unusual."
The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity", especially torture. "A severe punishment that is obviously inflicted in wholly arbitrary fashion." "A severe punishment that is clearly and totally rejected throughout society." "A severe punishment that is patently unnecessary."
The death penalty for rape, especially child rape does not meet any one of these factors.
Hopefully the case will make its way up the judicial ladder, and the Supreme Court will eventually overrule Kennedy and Coker and rule that Florida's law is constitutional.
Rape of a child results in the death of the child (innocence). I am all FOR the death penalty in these case..... and volunteer to carry 'em out....and have asked TX to do the same.....
If this passes pedophiles hopefully will be leaving the state in droves. Then one day the democrats will be bitchin that we are not all inclusive cuz there are not enough pedophiles in Fl. I'd like to see a bill that anyone, other than the childs parent, talking to a child under twelve about sex should get ten years to the day. Then have to register as a sex offender. It takes a twisted and fucked up piece of shit who wants to talk about sex with a five or six year old don't ya think?
Anything that saves the taxpayers from having to pay for the upkeep of these pervert assholes is great. Kill 'em grind 'em up and send the results to Purina to be canned.
If not the death penalty then require life without parole, in solitary confinement for their safety in prison.
ReplyDeleteNope. One room mate: Bubba.
DeleteThat's a waste of time. Just put them into general population and some killer who hasn't seen his kids in 5 years will just shank the poor defenseless rapist.
DeleteOne cellmate: Tyrone.
DeleteFuck that, man. They have their own wings where they clip out pics of kids from Target flyers or whatever they can get their hands on.
DeleteDeath.
I recommend they save FL a lot of money & use natural resources, like tossing them in the swamp for the gators.
ReplyDeleteCC
In Coker v Georgia the US Supreme Court held that the death penalty for the rape of an adult woman was unconstitutional under the Eighth Amendment to the Constitution. https://www.law.cornell.edu/supremecourt/text/433/584
ReplyDeleteIn 20008, in Kennedy v. Louisiana, the Court held that in any case where the victim does not die, the death penalty is unconstitutional under the Eight Amendment.
https://supreme.justia.com/cases/federal/us/554/407/#tab-opinion-1962752
These decisions are FUBAR. Read the facts of the case in each one at the above links and you will see that we have justices with no sense of justice on the Supreme Court. These assholes get a paycheck for effing up a large percentage of the cases that they touch. Florida's law is an uphill battle indeed. If applied, the punishment will be rejected at the criminal's trial. And it will be rejected at each level of appeal. Finally, if Florida appeals to the Supreme Court, the Court has to accept the case. They can reject it for no reason. If accepted, it will need the vote of 5 justices to overrule Kennedy v. Louisiana, and the Court does not overrule prior precedent lightly. I predicted that Roe v Wade would be overturned because there is no right to an abortion specified in the Constitution, despite the Court's once insistence that the right to privacy was there, in the "penumbras and emanations" of the Constitution. A valid argument exists that the death penalty for child rape is neither cruel nor unusual.
The Court determined that any one of 4 factors makes a punishment "cruel and unusual."
The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity", especially torture.
"A severe punishment that is obviously inflicted in wholly arbitrary fashion."
"A severe punishment that is clearly and totally rejected throughout society."
"A severe punishment that is patently unnecessary."
The death penalty for rape, especially child rape does not meet any one of these factors.
Hopefully the case will make its way up the judicial ladder, and the Supreme Court will eventually overrule Kennedy and Coker and rule that Florida's law is constitutional.
Rape of a child results in the death of the child (innocence). I am all FOR the death penalty in these case..... and volunteer to carry 'em out....and have asked TX to do the same.....
DeleteIf this passes pedophiles hopefully will be leaving the state in droves. Then one day the democrats will be bitchin that we are not all inclusive cuz there are not enough pedophiles in Fl. I'd like to see a bill that anyone, other than the childs parent, talking to a child under twelve about sex should get ten years to the day. Then have to register as a sex offender. It takes a twisted and fucked up piece of shit who wants to talk about sex with a five or six year old don't ya think?
ReplyDeleteNor sure about this. Some schools allow teachers to change genders of five and six year olds.
DeleteAnything that saves the taxpayers from having to pay for the upkeep of these pervert assholes is great. Kill 'em grind 'em up and send the results to Purina to be canned.
ReplyDeleteAmend the bill to include the words, "immediately after sentencing!"
ReplyDeleteIt shouldn't be a recommendation, it should be MANDATORY.
ReplyDeleteRaffle off the chance to be on the firing squad. We could pay off the national debt.
ReplyDelete