High Court Spares Lives Of Child Rapists

In 5-4 Vote, Justices Strike Down Louisiana Law; Court Also Reduces Exxon Valdez Settlement

(CBS/ AP)  The Supreme Court declared Wednesday that executions are too severe a punishment for child rape, despite the "years of long anguish" for victims, in a ruling that restricts the death penalty to murder and crimes against the state.

The court's 5-4 decision struck down a Louisiana law that allows capital punishment for people convicted of raping children under 12. It spares the only people in the U.S. under sentence of death for that crime - two Louisiana men convicted of raping girls 5 and 8.

Beyond Louisiana, the ruling impacts the four other states - Texas, Oklahoma, South Carolina and Montana - with capital child rape laws on the books, reports CBS News correspondent Wyatt Andrews. Five more states - Colorado, Florida, Georgia, Idaho and Missouri - that have the death penalty for crimes like drug trafficking and kidnapping will likely see those laws overturned.

However devastating the crime to children, Justice Anthony Kennedy wrote in his majority opinion, "the death penalty is not a proportional punishment for the rape of a child." His four liberal colleagues joined him, while the four more conservative justices dissented.

CBS News chief legal analyst Andrew Cohen says the ruling "makes it virtually impossible now for any non-capital crime to have as its punishment the death penalty. I don't think the Justices could have been much clearer."

There has not been an execution in the United States for a crime that did not also involve the death of the victim in 44 years, a factor that weighed in Kennedy's decision.

Rape and other crimes "may be as devastating in their harm, as here, but 'in terms of moral depravity and of the injury to the person and to the public,' they cannot be compared to murder in their 'severity and irrevocability,"' Kennedy said, quoting from earlier decisions.

The victim in the case decided Wednesday was an 8-year-old girl raped by her stepfather at their home in Harvey, La., outside New Orleans.

Angry Louisianans who backed the law said the court was out of touch.

"The opinion reads more like an out-of-control legislative debate than a constitutional analysis," said Louisiana Gov. Bobby Jindal, a Republican. "One thing is clear: The five members of the court who issued the opinion do not share the same 'standards of decency' as the people of Louisiana."

With the court already on record this term reaffirming the constitutionality of capital punishment in a case dealing with lethal injection, Kennedy dwelt at length on the need to limit the death penalty to the most heinous killings.

The decision allows death sentences to continue to be imposed for crimes such as treason, espionage and terrorism, which Kennedy labeled as crimes against the state.

The Supreme Court banned executions for rape in 1977 in a case in which the victim was an adult woman.

The court struggled over how to apply standards laid out in decisions barring executions for the mentally retarded and people younger than 18 when they committed murder. In those cases, the court cited trends in the states away from capital punishment.

In this case, proponents of the Louisiana law said the trend was toward the death penalty, a point mentioned by Justice Samuel Alito in his dissent.

"The harm that is caused to the victims and to society at large by the worst child rapists is grave," Alito wrote. "It is the judgment of the Louisiana lawmakers and those in an increasing number of other states that these harms justify the death penalty."

But Kennedy said the absence of any recent executions for rape and the small number of states that allow it demonstrate "there is a national consensus against capital punishment for the crime of child rape."

Kennedy acknowledged that the decision had to come to terms with "the years of long anguish that must be endured by the victim of child rape."

Still, he concluded that in cases of crimes against individuals, "the death penalty should not be expanded to instances where the victim's life was not taken."

The author of the Louisiana law, former Republican state Rep. Pete Schneider, said even opponents of the death penalty told him they would kill anyone who raped their children. "When are you going to have the courage to stand up for what's right for all of the people - but especially the children under 12 that have been brutally raped by monsters?" Schneider demanded, directing his comments to the justices in Wednesday's majority.

The last executions for crimes other than murder took place in 1964, according to a database maintained by the Death Penalty Information Center.

This ruling makes no mention about using the death penalty for crimes against the country, reports Andrews. That's important because it means the federal death penalty for treason and espionage is still legal.

Ronald Wolfe, 34, died in Missouri's gas chamber on May 8, 1964, for rape. James Coburn was electrocuted in Alabama on Sept. 4 of that year for robbery.

The case before the court involved Patrick Kennedy, 43, who was sentenced to death for the rape of his 8-year-old stepdaughter in Louisiana.

Kennedy was convicted in 2003. The girl initially told police she was sorting Girl Scout cookies in the garage when two boys assaulted her.

Police arrested Kennedy a couple of weeks after the March 1998 rape, but more than 20 months passed before the girl identified him as her attacker.

His defense attorney at the time argued that blood testing was inconclusive and that the victim was pressed to change her story.

The Louisiana Supreme Court upheld the sentence, saying that "short of first-degree murder, we can think of no other non-homicide crime more deserving" of the death penalty. State Chief Justice Pascal Calogero noted in dissent that the U.S. high court already had made clear that capital punishment could not be imposed without the death of the victim, except possibly for espionage or treason.

The girl's mother was reached by The Associated Press following the court's decision Wednesday. "We don't talk about that," she said and hung up.

A second Louisiana defendant, Richard Davis, was given the death penalty in December for repeatedly raping a 5-year-old girl in Caddo Parish.

Local prosecutor Lea Hall told jurors: "Execute this man. Justice has a sword and this sword needs to swing today." Both men will get new sentences.

The case is Kennedy v. Louisiana, 07-343.

Also Wednesday, the Supreme Court cut the $2.5 billion punitive damages award in the 1989 Exxon Valdez disaster to $500 million.

The court ruled that victims of the worst oil spill in U.S. history may collect punitive damages from Exxon Mobil Corp., but not as much as a federal appeals court determined.

Justice David Souter wrote for the court that punitive damages may not exceed what the company already paid to compensate victims for economic losses, about $500 million compensation.

Irving, Texas-based Exxon asked the high court to reject the punitive damages judgment, saying it already has spent $3.4 billion in response to the accident that fouled 1,200 miles of Alaska coastline.

A jury decided Exxon should pay $5 billion in punitive damages. A federal appeals court cut that verdict in half.

[fstop100]

Seems our court system doesn''t understand that child rape is cruel and unusual punishment. If you don''t want to kill them make them mix with the general prison population, they have their own rules for child molesters!
I guess Exxon owns the courts too.

[one-american]

Liberals just LOVE to protect the rights of murderers and rapists and terrorists, DON''T THEY?

America needs to purge itself from the liberal activist judges of the SCOTUS.

[ekucrew]

So much for the Suptreme Court.

[generey]

THIS is a perfect example of why all Americans should have guns. Take care of your problems yourself people; the "supreme court" jesters are a joke.

[jumkey]

I love this line:

"His four liberal colleagues joined him, while the four more conservative justices dissented."

Implying of course that the decision was ideologically biased since the "liberals" prevailed but the dissenters were only "more" conservative - no ideologues themselves.

Way to go CBSNews. Do you employ reporters are are you all on the conservative payroll?

Another example of the conservative media at work.

[questionnews]

Fine, don''t put them to death, but how about allowing the parents of the victims 10 mins alone in a room with these guys & let them work him over with baseball bats!

[jntlw-2009]

I''m a liberal, but I think the death penalty for raping a child is not cruel or usual punishment. Raping children is a very heinious crime with very deep ramifications for the victim, so the threat of death should be a deterent to anyone who contemplates raping a child. For once I agree with my conservative friends! In truth, all rapists have a huge problem and need to find or seek help before they perpetrate a crime.

[petesis]

No one likes a child molester. But if they were facing death, they are more likely to try to get rid of the victim. This is intended to protect children. This is a concept many conservatives do not get because they figure it is their way or the highway and never look at the downside of a situation.

[patriot12436]

Looks like we need to claean hiouse in the supreme court, congress and the presidency.

[sgtrds-e4]

As horrible as child rape is, we can not go down the path of applying the death penalty to any case that does not involve the taking of a life.

[bot5plus]

See America-see what you bleeding heart, ******** lovin, environmental wack jobs have allowed to happen. You have allowed the most liberal *** luvin supreme court jackass piece of shiiit rule our lives and now, make decision that are unjust. Kill the child rapist!!!!!!!!!!!!!

[haoli25]

Heckuva job there, SCOTUS. LowLifes!

[jumkey]

And in other news, buried at the bottom of the article, the conservative Supreme Court gave away $2,000,000,000 of your tax dollars to an oil company.

"Hey, look over there, a child rapist!"

"WHAT? WHERE?"

"Over behind that gas pump selling $5 gas"

"I don''t see anyone...."

"Oh you will, just keep looking past the pump. Keep looking. You''ll see him. Doesn''t it make you angry? A Child Rapist! The outrage!"

[plan97b1]

I am a victom of being molested by my stepfather at a young age and it has caused nothing but emotional issues and 2 destroyed marriages (before the age of 30). A child is a helpless victom that looks to adults for love and nurturing. Men and Women should leave children alone. I think that if they know that death was the punishment for raping a child, there would be less little victoms in the world.

[questionnews]

I think the opinions of many people regarding the death penalty is dependant on how close someone is to a victim of violent or perverted crime.
Someone kidnaps & rapes a child (or anyone) that you don''t know it will not effect your opinion as much as someone kidnapping & raping your own child. It''s the same with other crimes. If you have never been the victim of armed robbery you may not think that severe punishment is warrented, but when it''s you and or your family staring down the barrel of a 45 by a person who could care less if you & your family go 6 feet under, your opinion will change.

[mudrose-2009]

As horrible as child rape is, we can not go down the path of applying the death penalty to any case that does not involve the taking of a life.
Posted by SgtRDS-E4

Robbing a child of his/her innocence is tantamount to taking a life. It has destroyed the integrity and trust of that child. But what the hey, we don''t wnat to kill anyone for taking that child''s life away.

[cccsmith2]

How completely pathetic. Thank the Lineral''s for not bringing justice to those perpetrators who have deystroyed the lives of innocent childres not to mention the physical damage to their little bodies.
IT really stinks when our high courts don''t protect our greatest assests - OUR CHILDREN - in the first place but then to place no real punishment to those monsters is unacceptable.
Crimes against children is not diminishing and it''s time the average citizen makes a statement. Let''s do our best to show those in office that if they don''t make the best decisions --- we''ll vote them out. In the case of the Supreme Court, some of those liberal judges are aging, so you know whats coming.....

[dan9111]

If this matter is just short of being death-worthy, then surely all hospital circumcisions should be punishable by death. Fondling a child is evil, but it is vastly eclipsed by the common American practice of carving off innocent childrens genital parts.

[clevercandi]

Maybe they thought he was one of THE Kennedys...lol.

[faith_in_w]

We need more conservatives on the court! Clinton stacked liberals in there for years to come!

[aldon61]

As horrible as child rape is, we can not go down the path of applying the death penalty to any case that does not involve the taking of a life.


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Posted by SgtRDS-E4 at 10:45 AM : Jun 25, 2008

Sarge, I disagree with you on this one. What that A$$ did to that child was worse than death; it destroyed her physically AND mentally. Death is too good for this guy; the only consolation we have now is that he will be taken off death row and placed into the general population. Things there have a way of working themselves out if you know what I mean.

[aldon61]

If this matter is just short of being death-worthy, then surely all hospital circumcisions should be punishable by death. Fondling a child is evil, but it is vastly eclipsed by the common American practice of carving off innocent childrens genital parts.


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Posted by Dan9111 at 10:59 AM : Jun 25, 2008

You are one sick puppy!

[dan9111]

Comparing child rape to a voluntary and optional medical procedure?

Posted by michaelt302

Denial child abuse is strong. Circ is done by circumstraint, and in America is by definition not voluntary, but done to infants under restraint. Cutting their genital organs surely merits a punishment worse than punishment for fondling children. The evil of our society starts in infancy at the hospitals. Either you will deny it irrationally out of anger, or else recognize child-rape is quite the same thing as forcible amputation of childrens genital parts.

[questionnews]

If this matter is just short of being death-worthy, then surely all hospital circumcisions should be punishable by death. Fondling a child is evil, but it is vastly eclipsed by the common American practice of carving off innocent childrens genital parts.

Posted by Dan9111 at 10:59 AM : Jun 25, 2008

Sound like the complaints of someone who didn''t have a Doctor with a steady hand. I''m sorry for your loss.

[alexma50085]

What that A$$ did to that child was worse than death; it destroyed her physically AND mentally. Death is too good for this guy; the only consolation we have now is that he will be taken off death row and placed into the general population. Things there have a way of working themselves out if you know what I mean.

Posted by aldon61 at 11:06 AM

You''re right, karma is a b*tch and things always work themselves out, especially for a child rapist in the general population.
But a line has to be drawn somewhere and this is a good place to have it, if you don''t kill someone, you don''t get the death penalty. Yes, there are horrible crimes out there, but you can''t kill everyone that does something horrible.

[missingamerica]

lollll...and under the camouflage of child molestation, another victory for Big Oil sneaks by...

[aaabee-2009]

We need more conservatives on the court! Clinton stacked liberals in there for years to come!
Posted by faith_in_w at 11:00 AM : Jun 25, 2008

One quick search on Supreme Court judges would have enlightened you before making the false statement above.

2 sitting justices were appointed by Clinton (D), Breyer and Ginsburg.
Bush Sr (R) appointed Thomas and Souter
Bush Jr. (R) appointed Alito and Roberts
Reagan (R) appointed Kennedy and Scalia
Ford (R) appointed Stevens.


"The death penalty is not a proportional punishment for the rape of a child," Justice Anthony Kennedy wrote in his majority opinion.

I wonder if he would feel the same if it were his child?

[roger_inkart]

Fine, just pump them full of female hormones then. Or let ''prison justice'' see to these sacks of trash.

That said, the death penalty does nothing to prevent crimes - studies have shown. So I agree with the court.

[ianlou]

I believe the death penalty should be reserved for murder, however castration and Life without parol seems just.

[erichsh]

I see the left wingers are batting only 50% today in the Supreme court. They''re bent about the Valdez verdict, but can celebrate the protection of child rapists.

[feddupp]

Children are the MOST innocent of God''s creations. If we can''t PROTECT them (in any way possible), what HOPE is there for the future of the human race?

God, PLEASE forgive us!!

[aaabee-2009]

I see the left wingers are batting only 50% today in the Supreme court. They''''re bent about the Valdez verdict, but can celebrate the protection of child rapists. Posted by erichsh at 11:16 AM : Jun 25, 2008

yet another uninformed lazy republican who can''t check facts....

See post below for breakdown of (R) vs (D) judges.

[armydog2]

As a moderately liberal Democrat, I hope the Supreme Court will at least let us cut the balls off these disgusting excuses for human beings. The death penalty is the correct punishment for anyone who would hurt a child in such a manner.

[acolton1]

Wrong Decision by the Court

Any Pervert who rapes a child needs to be put to Death. Children can''t fight back and when an adult crosses that line there should be a death penality attached to that crime.

[ioweign]

John Paul Stevens 1975 Ford (R)
Antonin Scalia 1986 Reagan (R)
We need more conservatives on the court! Clinton stacked liberals in there for years to come!

Posted by faith_in_w at 11:00 AM : Jun 25, 2008

Where is that stacking, Liar...

Here are the facts:


Anthony M. Kennedy 1988 Reagan (R)
David Hackett Souter 1990 Bush Sr. (R)
Clarence Thomas 1991 Bush Sr. (R)
Ruth Bader Ginsberg 1993 Clinton (D)
Stephen G Breyer 1994 Clinton (D)
John G. Roberts, Jr 2005 Bush Jr. (R)
Samuel A. Alito, Jr 2006 Bush Jr. (R)

[erichsh]

Get lost ab, I''m talking about the issues - not the composition of the court. Or did that simple fact escape you?

[rushman71]

If they are not going to be put on the death row, then castrate the he11 out of them. Oh, yeah, that''s cruel and unusual punishment. So is raping a child!!!

[roger_inkart]

Children are the MOST innocent of God''''s creations. If we can''t PROTECT them (in any way possible), what HOPE is there for the future of the human race?

Posted by feddupp at 11:19 AM : Jun 25, 2008

Oh, knock of the faux melodramatics Helen Lovejoy. We''re not impressed. It''s not as if this ruling would have stopped child molestation outright. Just in the same way the death penalty in way stopped murder.

I know it''s a lot of fun to be all indignant about this ruling, but it was the right one. The law should have aimed a little lower (castration, female hormones or similar.)

[questionnews]

Fine, just pump them full of female hormones then. Or let ''''prison justice'''' see to these sacks of trash.

That said, the death penalty does nothing to prevent crimes - studies have shown. So I agree with the court.

Posted by roger_inkart at 11:16 AM : Jun 25, 2008


Putting him in the general prison population would be the same as a death sentence. Only it would be must cheaper than 10 to 15 years on death row & the court costs of multiple appeals.

[dan9111]

Not suprising. The Supreme Court has done little to prevent child abuse. Children are innocent. We should protect them even when they are threatened with sexual mutilation in American hospitals. Currently, we Americans fail to protect boys from mutilation at the hands of sexual terrorists.

Learn more at www.sexuallymutilatedchild.org

[ianlou]

I see the left wingers are batting only 50% today in the Supreme court. They''''re bent about the Valdez verdict, but can celebrate the protection of child rapists.
Posted by erichsh

I see the right wingers are batting only 50% today in the Supreme court. They''re bent about not being able to apply the death penalty to anything that makes their blood boil but can celebrate the protection of environmental rapists.

"Daaaa, If I had the chance eyed shoot that sumbitch in the head and not boda wit cleanin up the mess"

[aaabee-2009]

Get lost ab, I''''m talking about the issues - not the composition of the court. Or did that simple fact escape you? Posted by erichsh at 11:21 AM : Jun 25, 2008

What, getting called on non-factual random Dem bashing bothers you? Too bad.

How about you speaking for yourself. You speaking for Democrats is only to bash them. I as a liberal would have voted for the death penalty. It is no laughing matter about the emotional scars these kids will have for life.

And Bush nominated judges that tended to side with corporations (Exxon Valdez-size corporations). That is why Dems screamed so loud about their nominations 2 years ago. Where were you then, siding with the Dems then? Not likely.

Next.

[roger_inkart]

I see the right wingers are batting only 50% today in the Supreme court. They''re bent about not being able to apply the death penalty to anything that makes their blood boil but can celebrate the protection of environmental rapists.

Posted by ianlou at 11:29 AM : Jun 25, 2008

Oh SNAP! I wish I had written this myself. Well said.

[sgtrds-e4]

Sarge, I disagree with you on this one. What that A$$ did to that child was worse than death; it destroyed her physically AND mentally. Death is too good for this guy; the only consolation we have now is that he will be taken off death row and placed into the general population. Things there have a way of working themselves out if you know what I mean.

Posted by aldon61 at 11:06 AM : Jun 25, 2008

I support the death penalty, but only in the most extreme cases. Otherwise we end up starting to apply it to too many types of crimes. It''s not a popular decision, but it''s the right one I believe.

[aldon61]

support the death penalty, but only in the most extreme cases. Otherwise we end up starting to apply it to too many types of crimes. It''''s not a popular decision, but it''''s the right one I believe.


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Posted by SgtRDS-E4 at 11:35 AM : Jun 25, 2008

Sarge, while I respect your opinions on other matters, on this one, we''ll just have to agree to disagree.

[Torilin]

This ruling send a wrong message to child rapists everywhere that they can get away from serious punishment even if they commit such horrid act. They should lynch the guy!!

[sgtrds-e4]

Sarge, while I respect your opinions on other matters, on this one, we''''ll just have to agree to disagree.

Posted by aldon61 at 11:39 AM : Jun 25, 2008

Agreed.

[alexma50085]

This is the right decision. It may not be the most popular, but it''s right. A civilized society can''t be killing everyone that does a horrible crime. There a many different punishments that we can inforce onto our criminals. Death isn''t a punishment; working the rest of you life with no pay to support the American society, is a far better punishment.

[flabear2]

While I don''t agree with the LA High Court''s decision (I believe that if you harm a child like that, you should die slowly and painfully), I shall respect it. Justice will be done, whether strapped in a death chamber or metted out on the prison yard.

[mkbjon]

Okayyy....seven of the nine current justices were appointed by Republican presidents. Interesting....