6/25 Justice Kennedy is a waste of skin. His opinion today that child rape
can never be punished by the death penalty is just more proof of that.
The particular details of the case are heinous.
http://preview.tinyurl.com/5v23a9
\_ Nice troll you got there, come here often?
\_ While I understand the desire to take the perp out back and shoot
him (believe me, I'd load the gun), preferably after the son of a
bitch is repeatedly raped by a rabid hyena, the death penalty is
the ultimate punishment available to the state. In designing a
system that recognizes that quality, we have to set standards
appropriate to the severity of the punishment; life for life is
one of the clearest criteria we can set for this. To make exceptions
even in heinous, horrible, horrific cases like this is to invite
instability. If we apply death penalty in this case, why not in
the case of adult rape? Where do we then re-draw the line?
Kennedy's opinions in this case reveal a streak of strict
constitutionalism such as we would expect to see from so-called
strict constitutionalists like Scalia.
\_ Originalist
\_ "Proportionality" has nothing to do with curel and unusual.
You're making a legislative argument, not a judicial one.
Besides, I thought you lefties hated "slippery slope" arguments. -op
Besides, I thought you lefties hated "slippery slope" arguments.
-op
\_ At 9:18 a.m. on March 2, 1998, petitioner called 911 to report
that his stepdaughter, referred to here as L. H., had been raped.
He told the 911 operator that L. H. had been in the garage
while he readied his son for school. Upon hearing loud screaming,
petitioner said, he ran outside and found L. H. in the side yard.
Two neighborhood boys, petitioner told the operator, had dragged
L. H. from the garage to the yard, pushed her down, and raped
her. Petitioner claimed he saw one of the boys riding away on a
blue 10-speed bicycle.
When police arrived at petitioner.s home between 9:20 and 9:30
a.m., they found L. H. on her bed, wearing a T-shirt and wrapped
in a bloody blanket. She was bleeding profusely from the vaginal
area. Petitioner told police he had carried her from the yard to
the bathtub and then to the bed. Consistent with this
explanation, police found a thin line of blood drops in the
garage on the way to the house and then up the stairs. Once in
the bedroom, petitioner had used a basin of water and a cloth to
wipe blood from the victim. This later prevented medical
personnel from collecting a reliable DNA sample.
L. H. was transported to the Children.s Hospital. An expert in
pediatric forensic medicine testified that L. H..s injuries were
the most severe he had seen from a sexual assault in his four
years of practice. A laceration to the left wall of the vagina
had separated her cervix from the back of her vagina, causing her
rectum to protrude into the vaginal structure. Her entire
perineum was torn from the posterior fourchette to the anus. The
injuries required emergency surgery.
\_ See the part where I agree with you that the guy oughta be
shot, right after being raped by rabid hyenas. Still not a
basis for a legal system.
\_ See, the revenge raping isn't. Execution is.
\_ How do you codify it? Where do you draw the line?
\_ That's what legisaltors do, not judges. See, you
draw the line where legislators draw the line.
\_ Actually, the constitution did that, where it
talks about cruel and unusual punishment.
\_ Ah, so you're an idiot with circular reasoning.
Go stick your head in a pig.
\_ And you obviously have no opinion that you
didn't get from Rush. Goodbye, dittohead.
\_ Uh, I don't listen to Limbaugh. You want
to try again?
\_ I should bother... why? |