 |
| |
|
|
DinoDoc
|
 |
AECCP loves Democracy
Sep 1999
time: 23:30
|
|
quote:
By Adam Liptak, New York Times News Service
August 31, 2003
The sentencing to death of a Louisiana man last week for raping an 8-year-old girl has reopened a debate about whether crimes that do not involve killings may ever be punished by death.
There has not been an execution for rape in the United States since 1964, and no one has been executed for any crime that did not involve a killing since the Supreme Court reinstated the death penalty in 1976.
The Louisiana law under which the man, Patrick O. Kennedy, was convicted allows the death penalty for the rape of a child younger than 12. It was enacted in 1995.
Graham da Ponte, one of Kennedy's attorneys, said the punishment was disproportionate to the crime.
A number of states and the federal government have laws on the books that allow the death penalty for crimes not involving killing. Among them are treason, espionage, kidnapping, aircraft hijacking and large-scale drug trafficking. California allows executions for train wrecking and for perjury that leads to another's execution.
Florida and Montana have broad capital rape laws on the books that do not distinguish by the victim's age, though the Florida Supreme Court has ruled that the Florida law is unconstitutional.
In 1977, the Supreme Court ruled that the death penalty may not be imposed for the rape of an adult woman. The penalty was, the court ruled, disproportionate to the crime and therefore forbidden as cruel and unusual punishment under the Eighth Amendment.
Legal experts differed on whether the reasoning of that case would also forbid executions in cases involving the rape of a child.
When Louisiana enacted its law in 1995, a few legislators argued against it based on concerns about its constitutionality. Others wondered whether it would encourage rapists of children to kill their victims on the theory that they would have nothing to lose.
In 1996, the Louisiana Supreme Court, in a 5-2 decision, ruled that the law was constitutional.
The case ended in a plea bargain for a life sentence. Louisiana prosecutors have pursued other cases under the child rape law, but Kennedy's is the first case in which the jury returned a death sentence.
Legal experts say the U.S. Supreme Court is likely to hear Kennedy's case if the Louisiana courts uphold his death sentence.
Kennedy was accused of raping an 8-year-old relative, injuring her so badly that she required surgery. The girl, who is now 13, testified against him. His goddaughter also testified, at the penalty phase of the trial. Now in her 20s, the woman said that Kennedy had raped her on three occasions when she was 8 or 9.
Assistant District Attorney Donnie Rowan told the jury in Gretna, La., that these acts warranted execution.
"He made the choice to take the innocence of those two girls and throw it into the dirt," Rowan said. |
http://www.dailycamera.com/bdc/nation_world_news/article/0,1713,BDC_2420_2223368,00.html
|
|
| |
|
|
|
ajbera
|
 |
of the Cookieville Minimum Security Orphanarium
Apr 1999
time: 05:30
|
|
Across the pond and at the opposite end of the spectrum...
quote:
'Punishment must fit crime': McConnell
Scotland's first minister has said that court sentences "must fit the crime" if the judicial system is to retain public confidence.
Jack McConnell was speaking as controversy continued over the five year jail term imposed on a man who raped a baby girl.
The Lord Advocate, Colin Boyd QC, has already asked for a report on whether the sentence passed by the judge, Lord Reed, on James Taylor was "unduly lenient".
Mr McConnell said he could not comment on individual cases but stated: "Where evil crimes have been committed, it is vital that the sentence not only acts to help rehabilitation but that it also fits the crime and imposes a punishment on the person that deters others."
The Scottish Executive has created a Sentencing Commission, headed by Lord Maclean, to examine sentencing policy in the courts.
The move is designed to help restore public faith in the justice system.
Children's charities have said they had expected Taylor, 43, to be jailed for life for raping the 13-month-old girl.
He was sentenced on Wednesday at the High Court in Dunfermline after pleading guilty last month to rape and indecency towards a six-year-old girl and possessing indecent images of children.
Lord Reed said Taylor was a first offender and that he had been advised by a forensic psychologist that he was unlikely to repeat his crimes.
The offences were committed between August 1998 and December last year.
Mr McConnell was speaking at his first full formal news conference since the elections in May, during which he detailed the executive's legislative priorities.
Automatic remission
Later in the parliament chamber, the Scottish Tories leader David McLetchie asked Mr McConnell on whether or not he would end automatic remission as a result of the case.
Mr McLetchie said that the practice meant the child's attacker would be released in two-and-a-half years.
"Does the first minister think this is acceptable and will he give a commitment to end automatic early release and restore honesty in sentencing in our courts?" he said.
Mr McConnell repeated his earlier statement about wanting to see the punishment fit the crime in "evil and despicable" cases.
At the media briefing, he looked ahead to the new session of parliament and said there would be bills for court reform, changes to the system of educational special needs, nature conservation measures and proposals to tackle anti-social behaviour.
"The duty of government is to stand up for people and the things that matter to them," Mr McConnell said.
He listed those concerns as law and order, a buoyant economy, the health service and transport.
Dungavel reticence
People also wanted to Scotland to be rid of "the twin evils" of sectarianism and racism.
But the first minister refused to be drawn while being asked repeatedly for his personal views on the detention of children in the Dungavel Immigation and Removal Centre.
"It would be inappropriate of me to comment on individual cases because they are the responsibility of the Home Office," he said.
|
http://news.bbc.co.uk/2/hi/uk_news/scotland/3080436.stm
|
|
| |
All times are GMT. The time now is 05:30.
Apolyton Time is 00:30. |
top of page
|
| archivepost |
|
Forum Rules:
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
|
HTML code is ON
vB code is ON
Smilies are ON
[IMG] code is ON
|
|
|
|
|
|
06-09-2003 05:35
ACK!
|