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Tuesday, July 22, 2008

Try, try again

The Supremes recently ruled that it's unconstitutional to execute child rapists, but Louisiana isn't giving up. They're asking the court for a rehearing because the Supremes failed to consider two precednets when making their decision.

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I wondered how soon a rehearing would be requested. AFTER the verdict, in which an attorney argued that no law in the US allows for the death penalty for child rape, it was pointed out that the Uniform Code of Military Justice DOES allow for the death penalty in rape cases. Niether of the sides, nor any of the Supremes seemed aware of that at the time.

But even the defense attorney said in the article that UCMJ laws aren't really applicable to civilian justice systems, and a rehearing isn't warranted based purely on that. The millitary currently and always has had significantly more restrictive criminal laws than the civilian justice system, and that is just the cost of doing business for the type of organization the military is. To start applying millitary justice as a basis for the standard in civilian courts would be bad precedent and a step in the wrong direction. The court ruled correctly with available civilian precedent that executions for anything short of murder are unconstitutional.

I can't disagree with the ruling. It's just funny that nobody noticed the UCMJ, on either side. But it does leave a little opening for states to try again, of course.

Yeah, I got this mental picture of three guys standing in a room, one on the gallows with a rope around his neck. In comes Leroy and says "That durn liberal Supreme Court just said we can't kill baby rapers," to which Beau responds, "Well that just ain't right. Hey pal, you just wait right there. We're gonna go have us a talk with these folks."

We have seen firsts all the time.... just because it has never been done means that it never should or never will????? How would we evolve if we used that platform?

Hang the bastard and move on....

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