Law School Discussion

Death sentences for rapists

CTL

  • ****
  • 1188
    • View Profile
Death sentences for rapists
« on: March 11, 2009, 09:38:35 AM »
I'm all for it.  I don't think there's enough of a retributive element to rape sentences.  What do you guys think?

CTL

  • ****
  • 1188
    • View Profile
Re: Death sentences for rapists
« Reply #1 on: March 11, 2009, 09:44:56 AM »
I think it would be in the interest of justice, if you could establish guilt to a statistical certainty.  I'm talking more than beyond reasonable doubt.

CTL

  • ****
  • 1188
    • View Profile
Re: Death sentences for rapists
« Reply #2 on: March 11, 2009, 10:23:49 AM »
You're probably right, but it just makes my skin boil to think of rapists sometimes getting off with less time than people with grand theft auto convictions. 

goaliechica

  • *****
  • 6179
  • It's only forever - not long at all.
    • View Profile
Re: Death sentences for rapists
« Reply #3 on: March 11, 2009, 10:32:12 AM »
Ugh. No.

CTL

  • ****
  • 1188
    • View Profile
Re: Death sentences for rapists
« Reply #4 on: March 11, 2009, 10:38:12 AM »
Ugh. No.

What are you saying no to?

If the current penalty is insufficient, it can be increased through legislation. But is it necessary to set it at death? Is there some case in particular that has raised this issue for you?

I don't think death is alway necessary, but I think it should be an option.  If you consider how rapists are usually repeat offenders, a death sentence could have a dimunitive/prohibitive effect, as well as a retributive effect.

goaliechica

  • *****
  • 6179
  • It's only forever - not long at all.
    • View Profile
Re: Death sentences for rapists
« Reply #5 on: March 11, 2009, 10:45:06 AM »

CTL

  • ****
  • 1188
    • View Profile
Re: Death sentences for rapists
« Reply #6 on: March 11, 2009, 10:48:26 AM »
I don't think death is alway necessary, but I think it should be an option.  If you consider how rapists are usually repeat offenders, a death sentence could have a dimunitive/prohibitive effect, as well as a retributive effect.

The option of death for rape in the above situation exists in three-strikes laws, which are problematic for a number of reasons. If by "dimunitive/prohibitive" effect, you're talking about a deterrent effect, the death penalty for murder doesn't even accomplish that.

I meant repeat RAPE offenders.  By taking the life of a bona fide rapist, you are diminishing (in this case, altogether eradicating) the capacity of that individual to rape, which would be a diminutive/prohibitive effect.

I suppose life w/o parole would achieve the same end.  

I'm not trying to wax all philosphical, but hearing about rape gets my blood boiling.  I understand it's not good for me to think so retributively, but I'm just trying to talk it out.    

Re: Death sentences for rapists
« Reply #7 on: March 11, 2009, 10:53:22 AM »
I don't think death is alway necessary, but I think it should be an option.  If you consider how rapists are usually repeat offenders, a death sentence could have a dimunitive/prohibitive effect, as well as a retributive effect.

The option of death for rape in the above situation exists in three-strikes laws, which are problematic for a number of reasons. If by "dimunitive/prohibitive" effect, you're talking about a deterrent effect, the death penalty for murder doesn't even accomplish that.

I meant repeat RAPE offenders.  By taking the life of a bona fide rapist, you are diminishing (in this case, altogether eradicating) the capacity of that individual to rape, which would be a diminutive/prohibitive effect.

I suppose life w/o parole would achieve the same end.  

I'm not trying to wax all philosphical, but hearing about rape gets my blood boiling.  I understand it's not good for me to think so retributively, but I'm just trying to talk it out.    

personally i don't support the death penalty under any circumstance.  it's a costly means of revenge and not justice.  repeat rapists need to be put away for life with no chance of parole.  i also find it very bothersome that these people get away with lighter sentences than others or get released on parole only to commit the same crime again.

Re: Death sentences for rapists
« Reply #8 on: March 11, 2009, 11:04:14 AM »
I agree with goalie. Someone issue a press release.

The way the cj system deals with rape is often flawed. The death penalty is also profoundly flawed and not the answer - and application could increase the problems wrt rape prosecutions.

CTL

  • ****
  • 1188
    • View Profile
Re: Death sentences for rapists
« Reply #9 on: March 11, 2009, 11:06:02 AM »
Okay, a couple questions:

If rapists become subject to the death penalty to diminish (remove) their capacity to re-offend, what happens to murderers who could potentially also re-offend? Neither is being given the death penalty because they did offend again, but because they could. What about those who commit felonious assaults? Armed robberies or other property crimes? The capacity exists to commit all of those again.

Well, I said repeat [rape] offenders, so they would be sentenced to death b/c they DID IN FACT re-offend.  I think murder is a little different, because I can see many scenarios in which murder was accidental, or aggravated or something.  Rapists really seek to rape for the sake of it, unlike most murderers.  

Again, I realize there are all sorts of evidentiary implications and this and that, but I'm talking about guilt to 99.999999% (or whatever the burden of proof might be set at - much greater than beyond reasonable doubt.  'practical certainty' might be a good phrase to use).  I understand this level of proof is probably impossible to reach in almost any case, but that's the beauty of hypotheticals.