Supreme Court Bans Death Penalty for Child Rape

Yesterday, the Supreme Court banned the application of the Death Penalty on those who rape children under 12. It was a close vote, another 5-4 decision. This decision was brought upon by the sentencing of two Louisiana men who raped a 5 year old and 8 year old girl. Five other states also allowed the possible sentencing of the death penalty for child rape. After this decision, capital punishment can no longer be a sentence for child rape anywhere nationwide.

Supreme Court Justice Anthony Kennedy said, “the death penalty is not a proportional punishment for the rape of a child.” Kennedy went on to say that crimes against the state, such as treason and espionage, were still able to be punished by the death penalty.

Prior to this Louisiana case being reviewed by the U.S. Supreme Court, the Louisiana Supreme Court reviewed the case and upheld the sentence, saying, “short of first-degree murder, we can think of no other non-homicide crime more deserving.” Apparently Justice Kennedy and his liberal colleagues disagree. Both Obama and McCain spoke out against this ruling. Surprisingly, to me at least, Obama objected to the ruling. Moreover, he objected, from what I can tell, for two reasons. Firstly, because some crimes are so heinous that only the death penalty will suffice as punishment. Secondly, because if the states wish to allow the death penalty for child rape, they should be able to. While I still strongly disagree with Obama on dozens and dozens of issues, I’m glad he at least recognizes these two things (despite his denial that the capital punishment decreases crime).

Now, personally, I have several issues with this latest Supreme Court ruling.

Firstly, and perhaps most importantly – at least in the long term – is that the Supreme Court has no business being in state issues. Effectively, the Supreme Court banned all capital punishment nationwide for child rape, even though many states had already ruled on it themselves. This is not a decision the Supreme Court should be able to dictate. The federal government should not be policing the state’s methods of punishment. Some states banned capital punishment child rape, and some ruled to allow it. While I disagree with a complete ban, I respect that the states have the right to make the ban – because that’s their right to do so. Ultimately, the state should make the decisions that affect the state.

Secondly, capital punishment is not unconstitutional. The Court ruled that it was cruel and unusual punishment. In my opinion, I don’t think it was especially cruel or unusual in regards to the crime committed. Raping an eight year old or five year old child deserves death. What makes a punishment unusual? Only the fact that it doesn’t happen frequently. In my opinion, the reason it happens less and less frequently is because of the increased involvement by the federal government in regulating the state.

Thirdly, rape against a child is so horrible that only the death penalty should suffice. Someone who is horrible enough to rape a five year old child deserves to die. No other punishment gives enough closure.

Lastly, despite liberal arguments to the contrary, the death penalty does decrease crime. Logically speaking, anyone and virtually everyone would be less likely to commit any crime based on the intensity of the punishment. For example, say you were going to steal something – say, a co-workers purse. You probably won’t get caught, but you might. Even if you do it won’t be that big of a deal. Think through it now, assuming you have a minimum prison time of ten years. You might reconsider – that forty dollars isn’t worth it anymore, is it? What if you increase the punishment even more? Humor me. Capital punishment for simply stealing a purse. Yes, this is punishment to the extreme. But only someone who 1) knew they would not get caught or 2) was extremely foolish or mentally deranged would go ahead with the crime. The fact is, the greater the punishment the lower the crime. In the case of child rape – or even rape in general; if we have the death penalty as punishment, then it will happen a lot less often. In the case of child rape this may not be that obvious because no one’s been executed for a crime in which someone didn’t die for over forty years. Because of this, child rapists in states that allow capital punishment know that the death penalty is a possibility if they’re caught, but they “know” that it’s almost impossible that it will happen to them because it hasn’t been exercised in over forty years. Now that the death penalty for child rape has been taken completely off the table, it becomes a non-issue for them. However, if the death penalty for child rape became the standard method of punishment, child rape in the states in which this law was enacted would see drastic decreases in their number of child rape cases.