Cruelty Punishable by Death

No new made up word for today. I am writing today about a decision handed down by our Supreme Court. The decision, by 5-4, states that the death penalty (capital punishment) cannot be a valid punishment for a child rapist. We have lots to talk about and I am going to cite some information from the court’s ruling to support several stances and points of view. However, let me first give my opinion on the matter. Personally, I believe a person who rapes a child (child is represented by someone less than 12 years of age in this matter) has done something so brutal and insane that the death penalty should be a valid punishment which the judge and jury has at their disposal to hand down. Before today, 6 states had this option. After today, 0 states have this option. Whose life do we value more when working through theories of punishment? Do we value the criminal’s life more than the victim? Do we value the victim’s life more because they were the innocent victim? Actually, it’s not a valuation of life question. It’s a determination of justice and deserved punishment which fits the crime.

As we know, first degree murder is punishable by death in many states. Some states have “suspended” the use of the death penalty for reasons that it might be unconstitutional or is believed to be an inhumane act in the manner performed. Over the course of history, many crimes have been punishable by death. I’m not going to go into a long list, but there were times when death was not an appropriate punishment for the crime. Simple example: Stealing a horse does not require the death penalty. However, societies matured and rational people began to teach that there are better ways for justice to be served. The mismatched crimes and punishment began to disappear as a result. I’m not saying that there aren’t any crime and appropriate punishment issues in our current justice system, but I am saying that they are far less than they were when this country was founded and growing. Our laws change as our country changes, sometimes for the worse.

That’s all well and good. We have matured as a society where we try to fit the appropriate punishment to the crime. It’s a pretty simple justice argument for even the most immature rational person alive. But, today, the decision of the Supreme Court opens more issues. The 5-4 vote is not absolutely definitive, but majority rules. What have they solved? They “solved” the issue by determining that a child rapist cannot be punished by death. The following is a quote from Justice Kennedy: “this case would violate the Eighth Amendment’s prohibition against cruel and unusual punishment, citing “evolving standards of decency” in the United States. Such standards, the justice wrote, forbid capital punishment for any crime other than those that take a life.” Cruel and unusual punishment… that is a pretty undefined statement. Who determines what is cruel and unusual? Kennedy throws this back on “society” and also our Eighth Amendment. As I mentioned before, society matures and changes so that we may allow justice to be served. Quote: “Kennedy states… evolving standards of decency that mark the progress of a maturing society” must be taken into account.”

Is justice being served here? Is murder in the first degree the only “acceptable” crime which is punishable by death? I don’t think so. While I do believe that the punishment must fit the crime, let’s take a look at the crime they have deemed not deserving of the death penalty. The crime is child rape. As stated before, this is the rape of a child less than the age of 12. We are not talking about an adult raping here (not to diminish the adult rape case, bear with me). We are talking about children who have absolutely no chance to defend themselves. A child’s mind has not developed enough to deal with such a destructive and life altering event (most adults can’t even deal with these events). Finally, children are completely and utterly innocent victims in this crime (I’m not saying adults are any different, but children are the definition of innocent lives). So, we have a victim involved that has zero chance to defend themselves, zero mental capability to deal with the situation, and are completely innocent of the act forced upon them.

I am not even talking about how evil and horrible some of the child rapist crimes can be. The least harmful child rape is no different than the one that almost kills the child. A child rape is a child rape, there are no levels of rape and that goes for adult raping also. Here is another quote from the Supreme Court: “Alito says… the harm that is caused to the victims and to society at large by the worst child rapist is grave.” Alito goes on further to state: “no matter how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime, no matter how much physical or psychological trauma is inflicted and no matter how heinous the perpetrator’s criminal record may be.” The decision of the court today removes ANY possibility of the death penalty being available for the crime of child rape. Kennedy even states: “the victim’s fright, the sense of betrayal, and the nature of her injuries caused more prolonged physical and mental suffering than, say, a sudden killing by an unseen assassin.” I guess 60+ years of physical and mental suffering isn’t cruel and unusual punishment for an INNOCENT victim in his and 4 other Supreme Court Justice’s eyes.

Capital Punishment is not about revenge. However, our society MUST have appropriate punishments for the most heinous crimes our victims are subjected to. If you have read many of my past articles, I have stated a few different times that the irrational criminal has but one basic fear in life, death. Some are even beyond that fear and they are the true worries of society. Given that most people fear death, if we remove that as a penalty for the worst crimes known to man, what exactly is the penalty? Time spent behind bars? Time spent in a small cell with 1 hour a day free to walk around? Time spent in solitary confinement? Well, that sounds pretty cruel and unusual to me, but hey, I’m not a criminal. If I am a criminal of this nature, guess what, I have CHOSEN to give up my rights. The criminal DECIDED that the rights of others are of no consequence. They have CHOSEN to destroy the lives of others. The victim’s life is not the only one affected. How do you think the parents of the children who are raped feel? Who pays for their mental anguish and physical suffering?

Criminals need to be treated like criminals. They are the dregs of our society. They have chosen to give up their rights as citizens. They are to be punished accordingly by the mature and rational society we live in. If we remove the one thing feared by people who have no desire to live in decency, why stop at removing the death penalty here. Why not just remove the death penalty from our justice system. Better yet, why don’t we remove the prisons from our society? Why can’t we “teach” and “reform” those who do wrong? I mean, all punishment is cruel right? Unusual? Who defines what unusual is? If the punishment fits the crime, it’s not unusual. I believe the Supreme Court handed down the wrong decision today. They have opened the opportunity for a case against capital punishment for first degree murder in the process.

On a side note, less than 5 minutes of internet research reveals that the 5 judges who voted to remove the death penalty from child rape cases are also supporters of abortion. How can they deem that it’s cruel and unusual punishment for a death penalty against a child rapist when they have decreed the death penalty is legal against an unborn child? Seems like a pretty basic conflict of ideology here. Or is it that children just do not have the rights of an adult? Are we practicing justice? What are your thoughts? Post your comments below. Let’s have a rational discussion. Parents, single people, and even the young people that read here, post your thoughts. Did the Supreme Court make the right decision?

Citation: http://www.cnn.com