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Supreme Court rejects Death Penalty for Child Rapists

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  • #16
    Re: Supreme Court rejects Death Penalty for Child Rapists

    Even though this makes it harder to prosecute DV cases that resulted in the death of the victime because the content of her previous police reports are not admissible (that is, the witness can't read them into the record), at least the fact that she filed DV reports (that they exist) still can be admitted. Also, if he killed her to keep her from testifying as to his prior acts of violence, then the previously made DV complaints are admissible.

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    • #17
      Re: Supreme Court rejects Death Penalty for Child Rapists

      Originally posted by GrayMatterWife
      Also, if he killed her to keep her from testifying as to his prior acts of violence, then the previously made DV complaints are admissible.
      But how on earth could you prove that?

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      • #18
        Re: Supreme Court rejects Death Penalty for Child Rapists

        I'm not hot on the death penalty, anyway. Not that I'm some criminal-loving hippie or anything, I just don't think the government should be in the business of killing it's citizens, regardless of their transgressions. Not only that, but I don't see the death penalty being evenly applied. The poor are far more likely to be sentenced to death than those with the resources to buy a good defense. And too many people have been exonerated through DNA evidence for me to have a "conviction = guilt" perspective.

        As the mother of 3 kids I absolutely identify with the Mama Bear feelings. And as a child sex assault/abuse survivor I also have intimate knowledge of the desire for justice or vengeance. Yes, there are some people who have no business being out in society, ever. I just don't think killing them should be a role the government fills.

        Anyway, I would be surprised if prison itself wasn't awful enough punishment. Convicts known to have committed their crimes against children might as well have a giant target painted on their backs. Death is a release from their personal hells that doesn't need to be handed to them in a clinical, clean, calm manner complete with whatever last meal they request.

        I don't think anyone "likes" housing criminals and paying for their living expenses. But I look at it as one of the costs of living in a civilized society.

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        • #19
          Re: Supreme Court rejects Death Penalty for Child Rapists

          Originally posted by Jane
          Originally posted by GrayMatterWife
          Also, if he killed her to keep her from testifying as to his prior acts of violence, then the previously made DV complaints are admissible.
          But how on earth could you prove that?
          It'd be tough, I imagine, but you'd do it based on circumstantial evidence. Maybe if he threatened to hurt her in front of other people in retaliation for pressing charges against him, combined with the timing and method of his killing her, you could make a circumstantial case for first degree felony murder. In some states, a conviction for the murder of a state's witness is DP-eligible.

          But this area of the law (criminal prosecution) is not my area of expertise. Other folks here would know a lot more about how to get a conviction for something like this.

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          • #20
            Re: Supreme Court rejects Death Penalty for Child Rapists

            Originally posted by diggitydot
            As the mother of 3 kids I absolutely identify with the Mama Bear feelings. And as a child sex assault/abuse survivor I also have intimate knowledge of the desire for justice or vengeance. Yes, there are some people who have no business being out in society, ever. I just don't think killing them should be a role the government fills.
            Same here...

            Kris
            ~Mom of 5, married to an ID doc
            ~A Rolling Stone Gathers No Moss

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            • #21
              Re: Supreme Court rejects Death Penalty for Child Rapists

              I recognize that giving the death penalty to another human being is a heavy action.

              But, I recognize the importance of it because we are a civilized society. In order to remain a civilized society we must completely and utterly remove the uncivilized elements. Those who find life so cheap as to equate it with trash - something to be thrown away, those who would make other human beings mere objects to be used, abused, and thrown away (ie killed), those who cannot be trusted to respect the most basic of human existance - the right to life: Those are the elements of society that will seek to destroy civilization. Indeed, they are the enemies of civilization.

              And, it is not society's responsibility to care for its enemies. It is a civilized society's responsibility to eradicate its enemies (those who would destroy civilization).

              Now, that is how I view the death penalty as it applies to murderers.

              Child rapists fall under the above reasoning as well. They are the enemies of civilization and seek to destroy it.

              Please note: Simply imprisoning the enemies of a civilized society does not remove them from the society. They still influence those they come into contact with. They still impact society. True removal of an enemy to civilized society can only occur through the death of that enemy (ie total eradication).

              That is looking at the issue from a truly non-emotional angle.
              Who uses a machete to cut through red tape
              With fingernails that shine like justice
              And a voice that is dark like tinted glass

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