Death penalty
The fact 36 states have a death penalty -- and 14 do not -- should answer any questions of jurisdiction. It's a state matter, not a federal one.
Examine the criminal acts triggering the possibility of state execution and the jurisdictional component becomes even more parochial. While all death-penalty states list some form of murder (capital, aggravated, intentional or first degree), many require aggravating circumstances that vary depending on location. Some states have additional crimes, punishable by death, including treason, train wrecking, aircraft hijacking, espionage, terrorism and, until last week, raping a child.
The U.S. Supreme Court struck down the constitutionality of laws permitting convicted child rapists to be put to death in Louisiana, Montana, Oklahoma, South Carolina and Texas (and perhaps Georgia, too).
Writing for the 5-4 majority, Justice Anthony Kennedy said: "... the death penalty is not a proportional punishment for the rape of a child."
We'd agree, but likely for the opposite reason. Putting such an animal to death in a humane manner lets them off too easy.
Generally, we're not great advocates of death as punishment. We do not believe it acts as a deterrent to crime. We also are not confident all those killed are guilty. There are too many cases being overturned with the introduction of DNA evidence.
In the past, the high court has weighed in on which criminals could not be executed -- namely those under the age of 18 and those with mental retardation. But defining which categories of criminal may receive the death penalty is decidedly different than focusing on what crimes can be considered capital offenses.
As a state decides its own list of capital crimes, we find it hard to accept that a child rape victim should receive less sympathy than a passenger on a hijacked airplane.
The Supreme Court is on the wrong track. If the death penalty is not going to become a federal responsibility and the law of the land (or even abolished in this country entirely), then states should be allowed to set their own community standards.
Editorial by Patrick Lowry
All comments are subject to approval before being posted. Please keep comments constructive and relevant. Opinions certainly can be expressed, but comments that are rude, abusive, slanderous, threatening, sexually oriented, contain profanity or are vulgar will not be tolerated. Comments will not be edited. Any comment that violates the above-listed rules will be deleted.
