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  1. #1
    Big Sexy's Avatar
    Big Sexy is offline Not your mothers BIG SEXY
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    Court Mulls Death Penalty for Child Rape

    Court Mulls Death Penalty for Child Rape

    WASHINGTON (Jan. 4) - The Supreme Court agreed Friday to decide whether a state can execute someone convicted of raping a child, one of the few remaining crimes that does not require the death of the victim to result in capital punishment.

    Patrick Kennedy, 43, was sentenced to death for the rape of his 8-year-old stepdaughter in Louisiana. He is the only person on death row in the United States for a rape that was not also accompanied by a killing.

    The Supreme Court banned executions for rape in 1977 in a case in which the victim was an adult woman.

    Kennedy's lawyers say the death penalty for child rape violates the Eighth Amendment protection against cruel and unusual punishment.

    The justices will hear arguments in the case in April.

    The last executions for rape or any other crime that did not also include the victims' death were in 1964.

    Forty-five states already ban the death penalty for any kind of rape and among the other five states that in theory allow it for child rapists. Kennedy's case is the only time a state has sought to execute someone. Montana, Oklahoma, South Carolina and Texas allow executions in such cases.

    The Louisiana Supreme Court upheld the sentence. "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 first-degree murder, we can think of no other non-homicide crime more deserving," Justice Jeffrey Victory wrote.

    Chief Justice Pascal Calogero dissented, saying that with the possible exception of espionage or treason, "the Eighth Amendment precludes capital punishment for any offense that does not involve the death of the victim."

    The child rape case is the second capital punishment case from Louisiana this term at the Supreme Court. The justices already are considering whether a prosecutor improperly excluded blacks from a jury and then inflamed the all-white panel with references to the O.J. Simpson case.

    In addition, the court is weighing whether the way Kentucky executes prisoners by lethal injection - procedures similar to those used in three dozen states - violates the Constitution.

    Kennedy was convicted in 2003 of raping his stepdaughter at their home in suburban New Orleans. The girl initially told police she was sorting Girl Scout cookies in the garage when she was assaulted by two boys.

    Police arrested Kennedy a couple of weeks after the March 1998 rape, but more than 20 months passed before the girl identified him as her attacker.

    His defense attorney at the time argued that blood testing was inconclusive and that the victim was pressured to change her story.

    Kennedy's Supreme Court lawyers also called pointed out that Kennedy is black and that nearly 90 percent of people executed for rape in the United States were black. "This court should pause before condoning a practice so heavily tinged with the scourge of racism," Stanford University law professor Jeffrey Fisher, Kennedy's lead lawyer, said.

    The state said the court should turn down the case because Louisiana law is narrowly tailored to apply only to people convicted of raping children younger than 12.

    The case is Kennedy v. Louisiana, 07-343.
    Don't Be Afraid To Fail.

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  2. #2
    Ender's Avatar
    Ender is offline Three Sheets...
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    if he is guilty, what is there to ponder?
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    Ender

    "And if the band you're in starts playing different tunes, I'll see you on the dark side of the moon..."

  3. #3
    armsmaster270's Avatar
    armsmaster270 is offline Ret. Sac. P.D. - 270th M.P. Co., Now with D.H.S.
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    Good for Louisiana. Asshole won't be a recidivist


    Pretty women make us BUY beer. Ugly women make us DRINK beer. --Al Bundy

    http://www.armsmaster.net-a.googlepages.com

  4. #4
    countybear's Avatar
    countybear is offline BDRT - Baby Daddy Removal Team
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    "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."
    - Alexis de Tocqueville, Democracy in America

    Tell me not, Sweet, I am unkind,
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    The opinions expressed by this poster are wholly his own, and should never be construed to even remotely be in representation of his employer, its agencies or assigns. In fact, they probably fail to be in alignment with the opinions of any rational human being.

  5. #5
    bufford408's Avatar
    bufford408 is offline Just green and furry all over
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    Quote Originally Posted by countybear View Post



    Louisiana Gator needs some false teeth though..
    The opinions of my posts are the sole responsibilty of my employer due to the fact that they have totally and completely warped my mind.



    .

  6. #6
    MacLean's Avatar
    MacLean is offline O/R Gun mod
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    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  7. #7
    JLK's Avatar
    JLK
    JLK is offline Protecting Those That Can't Protect Themselves
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    ''Kennedy's Supreme Court lawyers also called pointed out that Kennedy is black... '


    so


    "A strong man stands up for himself. A stronger man stands up for others."
    Ben

    The old sheriff was attending an awards dinner when a lady commented
    on his wearing his sidearm. "Sheriff, I see you have your pistol. Are you
    expecting trouble?" "No Ma'am. If I were expecting trouble, I would have
    brought my rifle."
    (just stole this one hope you don't mind)


    The trouble with our liberal friends is not that they are ignorant,
    it is just that they know so much that isn't so.
    President Ronald Reagan



  8. #8
    mavriktu's Avatar
    mavriktu is online now Patrol Sgt.
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    Quote Originally Posted by JLK View Post
    ''Kennedy's Supreme Court lawyers also called pointed out that Kennedy is black... '


    so
    Yeah,so was the 8 year old he raped,so were the neighbors that he forced her to say did it,so were ...

  9. #9
    suellen446's Avatar
    suellen446 is offline Officer First Class
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    cant think of a better reason for the death penalty
    dispatcher

  10. #10
    dkpd1384's Avatar
    dkpd1384 is offline Officer First Class
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    It is about time,,,,rape should be added to one of the most serious crimes,,,,,Ever seen a woman after a violent rape,,,sometimes they never recover. What about the children that are raped,,,, LA can pave the way on this one. Should not matter what color of the skin someone is. Guilty=Guilty white/black/brown,,,,,,,,,

  11. #11
    Ducky's Avatar
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    SC recently passed the law that says we can do it, but no one has yet been eliminated under the law.
    \\
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    "...but to forget your duck, of course, means you're really screwed." - Gary Larson
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  12. #12
    Growler's Avatar
    Growler is offline I is not happy
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    Quote Originally Posted by suellen446 View Post
    cant think of a better reason for the death penalty

    makes my job a lot easier...

 

 

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