Florida Death Penalty For Child Rapists Goes Into Effect

I doubt the law will stand..

But, in 2008, U.S. Supreme Court justices issued a 5-4 ruling barring states from imposing the death penalty for the rape of a child, when the crime does not involve a child’s death. The court rules that applying the death penalty in such cases would amount to “cruel and unusual punishment.”
This is informative, thank you.

Very interesting.

I think
  • execution is generally considered to be a humane way of enforcing the strictest of penalties.
  • we aim for punishments which fit the crime, an eye for an eye, but in this case, the literal is clearly not an option.
  • the crime itself was cruel and unusual punishment on the most innocent among us, so the harshest of penalties may not be unreasonable
  • one of the purposes of execution is to deter others from committing horrendous crimes.
Cruel and Unusual Punishment:
  • The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity", especially torture.
  • "A severe punishment that is obviously inflicted in wholly arbitrary fashion." (Furman v. Georgia temporarily suspended capital punishment for this reason.)
  • "A severe punishment that is clearly and totally rejected throughout society."
  • "A severe punishment that is patently unnecessary."
Capital Punishment:
  • Death should be quick and painless to prevent suffering for the person being executed;
  • Medical education should be provided to the executioner to prevent suffering caused by error;
  • The death should not be gory (to prevent suffering for those carrying out the execution); and
  • No co-operation should be required from the person being executed, to prevent inaction, distress, and/or suffering caused by the prisoner being required to participate in their own execution.

Looks like we're good to go.

DeSantis was well aware this would go to SCOTUS. Can't wait to see how it goes.
 

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