P
Patriot Games
Guest
http://www.newsmax.com/us/scotus_child_rape/2008/04/14/87799.html
Death Penalty for Child Rape Is Fought
Monday, April 14, 2008
SLIDELL, La. -- When the news broke last month that a janitor had been
arrested and accused of raping boys in the bathroom at an elementary school,
the issue of justice and retribution became the talk around dinner tables
and baseball fields.
Castrate him, some said. No, let the other inmates deal with him. No,
execute him.
Castration and jailhouse vigilantism are out of the question, but putting a
child rapist to death is within the bounds of Louisiana law.
For how much longer?
That's a question the U.S. Supreme Court takes up Wednesday when it hears
arguments on whether a state can impose the death penalty for the rape of a
child, or whether that would amount to cruel and unusual punishment in
violation of the Constitution.
Supporters of Louisiana's law argue that child rape is so evil and so
utterly traumatizing that justice cries out for death. But others warn that
the law will further traumatize youngsters and make rapists more likely to
kill their victims.
In 1977, the Supreme Court said states cannot execute anyone for the rape of
an adult. But the high court did not address the rape of a child.
The last time someone in the U.S. was executed for something other than
murder was in 1964, when a man went to the electric chair in Alabama for
robbery. That same year, a man in Missouri went to the gas chamber in what
was the last time someone in this country was put to death for rape.
Louisiana is the only state with someone on death row for rape of an adult
or child. In fact, it has two people awaiting execution for child rape. At
least five other states _ Georgia, Montana, Oklahoma, South Carolina and
Texas _ have similar laws.
"These are the only two men on any death row in any Western democracy for
this offense," said Billy Sothern, a lawyer with the Capital Appeals
Project, a nonprofit law firm that represents the Louisiana man at the
center of the Supreme Court case, Patrick Kennedy.
Kennedy, a 43-year-old man with an IQ of 70, was convicted and sentenced to
death for raping his 8-year-old stepdaughter in 1998 in Harvey, a New
Orleans suburb.
The Louisiana law _ which applies to anyone found guilty of aggravated rape
of a child 12 or younger _ breezed through the state Legislature in 1995;
members got sidetracked only over whether to castrate child rapists.
"That's one of my proudest pieces of legislation," said former state Rep.
Pete Schneider, a Slidell brick manufacturer and Republican.
The other man on death row in Louisiana for child rape is Richard Davis,
convicted of repeatedly attacking a 5-year-old girl he looked after with his
girlfriend in 2004 and 2005. The man who prosecuted him, Brady O'Callaghan,
said child rape deserves the death penalty.
"It is so evil. There is no justification for it," he said. "This isn't a
heat-of-passion killing. It's not about money."
Opponents, including the National Association of Social Workers and the
National Alliance to End Sexual Violence, warn that the prospect of the
death penalty could give child rapists a powerful incentive to kill their
victims. They might figure they have nothing to lose by killing the lone
witness.
Also, child advocates warn that children, in many cases, are raped by people
they know, and executing a relative could traumatize a youngster. Also, the
law might make it harder to prosecute such cases by making children afraid
to speak up for fear of what might happen to a relative, said Dr. Scott
Benton, a pediatric forensic physician.
The debate has flared anew in Slidell, where 41-year-old janitor Dino Jay
Schwertz was accused last month of child rape. Police say he confessed to
the crimes.
His voice rising over the clang of baseball bats and clapping from the crowd
at an after-school game, mortgage-company loan officer Cedric Bayone said he
might support the death penalty in a child rape case.
"We've got to send a message to all these sex offenders: We're not playing
when it comes to our children," he said.
But Penny Robertson, a mother of three, opposes the death penalty for a
child rapist: "He's going to get it either way it goes. God's going to get
him in the end. Death is the easy out for him, and I don't think he deserves
an easy out."
Death Penalty for Child Rape Is Fought
Monday, April 14, 2008
SLIDELL, La. -- When the news broke last month that a janitor had been
arrested and accused of raping boys in the bathroom at an elementary school,
the issue of justice and retribution became the talk around dinner tables
and baseball fields.
Castrate him, some said. No, let the other inmates deal with him. No,
execute him.
Castration and jailhouse vigilantism are out of the question, but putting a
child rapist to death is within the bounds of Louisiana law.
For how much longer?
That's a question the U.S. Supreme Court takes up Wednesday when it hears
arguments on whether a state can impose the death penalty for the rape of a
child, or whether that would amount to cruel and unusual punishment in
violation of the Constitution.
Supporters of Louisiana's law argue that child rape is so evil and so
utterly traumatizing that justice cries out for death. But others warn that
the law will further traumatize youngsters and make rapists more likely to
kill their victims.
In 1977, the Supreme Court said states cannot execute anyone for the rape of
an adult. But the high court did not address the rape of a child.
The last time someone in the U.S. was executed for something other than
murder was in 1964, when a man went to the electric chair in Alabama for
robbery. That same year, a man in Missouri went to the gas chamber in what
was the last time someone in this country was put to death for rape.
Louisiana is the only state with someone on death row for rape of an adult
or child. In fact, it has two people awaiting execution for child rape. At
least five other states _ Georgia, Montana, Oklahoma, South Carolina and
Texas _ have similar laws.
"These are the only two men on any death row in any Western democracy for
this offense," said Billy Sothern, a lawyer with the Capital Appeals
Project, a nonprofit law firm that represents the Louisiana man at the
center of the Supreme Court case, Patrick Kennedy.
Kennedy, a 43-year-old man with an IQ of 70, was convicted and sentenced to
death for raping his 8-year-old stepdaughter in 1998 in Harvey, a New
Orleans suburb.
The Louisiana law _ which applies to anyone found guilty of aggravated rape
of a child 12 or younger _ breezed through the state Legislature in 1995;
members got sidetracked only over whether to castrate child rapists.
"That's one of my proudest pieces of legislation," said former state Rep.
Pete Schneider, a Slidell brick manufacturer and Republican.
The other man on death row in Louisiana for child rape is Richard Davis,
convicted of repeatedly attacking a 5-year-old girl he looked after with his
girlfriend in 2004 and 2005. The man who prosecuted him, Brady O'Callaghan,
said child rape deserves the death penalty.
"It is so evil. There is no justification for it," he said. "This isn't a
heat-of-passion killing. It's not about money."
Opponents, including the National Association of Social Workers and the
National Alliance to End Sexual Violence, warn that the prospect of the
death penalty could give child rapists a powerful incentive to kill their
victims. They might figure they have nothing to lose by killing the lone
witness.
Also, child advocates warn that children, in many cases, are raped by people
they know, and executing a relative could traumatize a youngster. Also, the
law might make it harder to prosecute such cases by making children afraid
to speak up for fear of what might happen to a relative, said Dr. Scott
Benton, a pediatric forensic physician.
The debate has flared anew in Slidell, where 41-year-old janitor Dino Jay
Schwertz was accused last month of child rape. Police say he confessed to
the crimes.
His voice rising over the clang of baseball bats and clapping from the crowd
at an after-school game, mortgage-company loan officer Cedric Bayone said he
might support the death penalty in a child rape case.
"We've got to send a message to all these sex offenders: We're not playing
when it comes to our children," he said.
But Penny Robertson, a mother of three, opposes the death penalty for a
child rapist: "He's going to get it either way it goes. God's going to get
him in the end. Death is the easy out for him, and I don't think he deserves
an easy out."
