Time
In the state that is the nation's undisputed death penalty leader, Texas, you might think there is no such thing as a punishment considered too harsh. But as legislators there consider joining the small but growing number of states making certain convicted pedophiles eligible for the death penalty, a surprisingly vocal group of critics has emerged, arguing that the measure is shortsighted, counterproductive and probably unconstitutional.
"There's tough. And then there's Texas tough," Republican Lt. Gov. David Dewhurst declared at his January inauguration as he pledged to press for mandatory 25-year sentences and a two-strikes death-penalty provision for convicted child predators. The proposal is a more extreme version of the so-called " Jessica's Law " passed by the Florida legislature in the wake of the February 2005 rape and murder of nine-year-old Jessica Lunsford. That landmark statute imposed mandatory 25-year prison terms and life electronic monitoring for sex offenders, and since its passage in May 2005 42 states and Congress have implemented or are considering their own very similar laws. [...]
In the state that is the nation's undisputed death penalty leader, Texas, you might think there is no such thing as a punishment considered too harsh. But as legislators there consider joining the small but growing number of states making certain convicted pedophiles eligible for the death penalty, a surprisingly vocal group of critics has emerged, arguing that the measure is shortsighted, counterproductive and probably unconstitutional.
"There's tough. And then there's Texas tough," Republican Lt. Gov. David Dewhurst declared at his January inauguration as he pledged to press for mandatory 25-year sentences and a two-strikes death-penalty provision for convicted child predators. The proposal is a more extreme version of the so-called " Jessica's Law " passed by the Florida legislature in the wake of the February 2005 rape and murder of nine-year-old Jessica Lunsford. That landmark statute imposed mandatory 25-year prison terms and life electronic monitoring for sex offenders, and since its passage in May 2005 42 states and Congress have implemented or are considering their own very similar laws. [...]
But as legislators there consider joining the small but growing number of states making certain convicted pedophiles eligible for the death penalty
ReplyDeleteDidn't the Supreme Court rule (Kennedy vs. Louisiana) that people cannot be put to death for crimes against an individual unless the victim died as a result?
That would preclude most child molestors from being sentenced to death (unless they were also charged with murder as well).
The Wolf
Lawmakers are making an argument that is similar to what the gedolei haposkim have said about pedophiles being rodfim / rotzchim. The impact of molestation upon a child is in effect a death sentence because they are more impressionable than adults and they are left deeply scarred for the rest of their lives.
ReplyDeleteAn interesting quote from later in the article:
ReplyDelete" "If you give the same sentence for molesting a little girl as for molesting and killing a little girl, it seems an incentive to go ahead and kill her," said Michael Rushford, head of the pro-death penalty Criminal Justice Legal Foundation in Sacramento, Calif."
http://www.ajop.com/person/4896274/Morris-Shoulson.htm
ReplyDeleteHow is it that Philly's Rabbi Morris Shoulson is a staff rabbi of Rabbi Buchwald's AJOP kiruv organization?
http://www.religiondispatches.org/archive/culture/2465/show_me_the_way_of_the_hebrews:_the_making_of_an_african_american_rabbi_
He pushes for the so called Black "Israelites" to get bris milah.
http://www.washingtonjewishweek.com/main.asp?Search=1&ArticleID=9426&SectionID=4&SubSectionID=&S=1
And he is osek in giving semicha to people who call themselves "Conservadox" and pro-gay
http://www.adath-israel.org/ShiratAmericarelease.pdf
And to Conservative rabbis (2nd page)
http://www.thefederalregister.com/d.p/2009-02-04-E9-2488
ReplyDeleteObama using our tax money to resettle Hamas terrorists from Gaza inside the United States.
Presidential Determination
Unexpected Urgent Refugee and Migration Needs Related To Gaza
By the authority vested in me by the Constitution and the laws of the United States, I hereby determine that it is important to the national interest to furnish assistance in an amount not to exceed $20.3 million from the United States Emergency Refugee and Migration Assistance Fund for the purpose of meeting unexpected and urgent refugee and migration needs related to humanitarian needs of Palestinian refugees and conflict victims in Gaza.
No death penalty for child molestors.
ReplyDeleteBecause it would do the cause a huge disservice.
As we saw, it is not always easy to prove that molestation took place.
If there is death penalty, there is double risk:
-people being executed just on hearsay
-or less people being judged for child molestation because the burden of proof will be more difficult to bring about, which is already a problem in those cases...
"As we saw, it is not always easy to prove that molestation took place."
ReplyDeleteGood point, but if it is difficult/unable to prove molestation in a case, the accused rightfully should get off the hook in court whether it is or isn't a death penalty case.