EDITOR'S PICKS
PORTFOLIOS
Mixed media: Yuko Shimizu

Illustration: Methane Studios

Photography: Ryan Russell

Mixed media: Rick Froberg

INTERVIEWS
Artist Aaron McKinney

Author Chuck Palahniuk

Musician Matt Friedberger of Fiery Furnaces

We Fun director Matthew Robison

ESSAYS AND FICTION
F. Scott Fitzgerald in Asheville

Reflections in a drunken eye: Carson ...

Short fiction -- The Fix

Understanding religion and science


BROWSE ARCHIVE
MAILING LIST
SEARCH
HOT TOPICS
This One’s For You
846

FEATURED COMMENT
Unbelievable. This should be a wake up call to America for its failure to have risen up when our vote was s...
Ad_pos_5
Ad_pos_6
Friday, 10 September 2010
Pine_logo news and politicsarts and musicdistractionsopine
1346
This picture is not necessarily of a child that has been raped.
RELATED LINKS
N/A
Death penalty and the rape of a child

By Pine Magazine Staff
posted: Wednesday, 25 June 2008

On Wednesday, the US Supreme Court decided that the death penalty was a “cruel and unusual punishment” for those convicted of sexually assaulting a child. In this one ruling, the scope of capital punishment was severely limited, as this standard will now apply to all incidents of human-on-human violence that does not end to death. Six states currently allow the death penalty to be used in child rape, though no one has been executed for the crime since 1964.

This ruling was the third since 2002 that narrowed the crimes for which death can be imposed.

The case centered on a Louisiana man convicted of raping his 8-year-old stepdaughter in 1998. The attack led not only to severe emotional trauma but also internal injuries and bleeding that required extensive surgery. The man -- Patrick Kennedy -- was sentenced to death, and his subsequent appeal was first rejected on the claims that the crime was so grievous and damaging to those involved.

For capital punishment opponents, the reversal of Kennedy’s sentence represents a victory, albeit a bittersweet one. Few crimes are as emotional for all involved as the rape of a child, and to have this particular topic be the one that redefines how capital punishment is rendered is a less than ideal scenario.

"A lot of people think there should not be a death penalty because the child survives," sex crimes prosecutor Kat Bartholomew told CNN in an interview. "In my opinion, the rape of a child is more heinous and more hideous than a homicide."

But emotions aside, this move by the Supreme Court solidifies that death can be considered cruel and unusual, something so many have argued for years.  The high court has in recent years banned execution for the mentally retarded, underage killers and those deemed to have had an inadequate defense at trial.


Tags:



Ad_pos_1

Ad_pos_2

Ad_pos_3

Ad_pos_4


Ad_pos_7


Ad_pos_8