Showing posts with label Capital Punishment. Show all posts
Showing posts with label Capital Punishment. Show all posts

February 17, 2009

AL- Capital Punishment for Certain Pedophiles?

2-17-2009 Alabama:

Pedophiles who rape young children could face the death penalty in Alabama…if one state lawmaker gets his way.

State Representative Steve Hurst of Munford in Talladega County is proposing a new law that would allow a judge to use capital punishment if someone older than 21 is convicted of raping a child 6 years old or younger.

The death penalty is a punishment that - so far - has been reserved only for murderers.

Should child molesters now be included?

With the growing number of child sex predators, Hurst says capital punishment is an appropriate sentence for adult rapists older than 21 who violate children 6 years old or younger.

“You take a child who’s completely helpless. They have no way to defend themselves. And someone does something of this nature to them, you have literally destroyed that child for the rest of their life,“ says Hurst.

But sex psychologist Dr. Keith Abrams warns he doesn’t think the strategy will work.


“We’ve had capital punishment for decades, and we still have murder,“ says Abrams.

Abrams says instead of focusing on deterrents, we should focus on prevention, for both potential victims and abusers.

In Abrams opinion, any adult who could rape a young child is past the point of being concerned about the repercussions.

“When people commit those kinds of crimes, they get to a place mentally where they’re not thinking about deterrents,“ explains Abrams.

The Jefferson County Sheriff’s Department says there are now more than 1000 registered sex offenders living in the county…and at least one third will re-offend.

Introducing capital punishment for some might not be a fix all, but Hurst says, it’s at least a start.

“You’ve got to keep knocking at the door, or you can’t never get in.“

Hurst is still waiting to schedule this bill’s first hearing before the Alabama Legislature. ..News Source.. by Jen Hale

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January 20, 2008

Ordinal Proportionality in Punishment: A Case against Capital Punishment for Child Rape Under the Eighth Amendment

January 2008

Abstract:
This article argues that various theories of justice in punishment adhere to a principle of ordinal proportionality - relative grading of penalties in measure to the relative severity of the crimes for which they are imposed. Ordinal proportionality is a demand of both deterrence and retributive theories of justice; in addition it is a tenet well entrenched in the Supreme Court's current Eighth Amendment jurisprudence. Under this principle the state cannot subject the crime of child rape to capital punishment because even a crime as horrendous as rape is not on par with murder in terms of harm and blameworthiness. ..more.. by ISSA KOHLER-HAUSMANN, Yale University

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