The Supreme Court ruled this week that regardless of how young the victim is, rape crimes can not command the death penalty. The ruling--like most controversial issues--was 5-4, and it has sparked a lot of heated debate. The issue came before the Supreme Court because two men in Louisiana are on death row for raping and 8 year old and a 5 year old. Many people--including McCain and Obama--disagree with the decision to completely rule out the option of death for what many consider to be a more egregious crime than murder. Is their outrage justified? Should the government kill criminals for crimes that didn't take the life of another? Ironically, the Justices in favor of life in prison over death apparently have no problem with the death penalty for treason. Is treason really worse than raping a child? And if the reason for prohibiting the death penalty in the case of child rape is that crimes outside of murder can't command the death penalty, then how do they justify the death penalty for treason? Certainly treason in numerous ways has the potential to lead to many deaths, but in and of itself, it isn't murder. The same can be said of rape--rape of children and adults--that it also can lead to death through suicide and violence committed by the victim, but it also lacks the direct result of the loss of life, unlike murder. The issue of the death penalty also receives questioning--should any crime, even murder, justify an eye for an eye approach by the government? If the government has the right to inflict death for certain crimes, then why can't a victim kill the perpetrator? If someone rapes my child, I am going to take care of things on my own, and if I do, should I face murder charges? Viewing the issue of justice from a philosophical point of view, does an entity like government have more of a right for retribution than the individual--or the individuals family members--against whom a horrific crime is committed?
I personally disagree with the death penalty for any crime--rape, murder, treason--because I don't believe the government has the moral authority to enact such a punishment. Life in prison should suffice, and if more punishment is to come, leave that to God. For cases where guilt is indisputable, make the life imprisonment very uncomfortable--humane--but uncomfortable, and I believe that is more punishment than the death penalty. Death for certain crimes seems like the easy way out, and having to endure daily punishment--with potentially much more to come in the afterlife--is much worse. Prison is not a vacation--even in the most lax prisons--and if a new approach is taken for crimes that deserve the worst punishment possible, prison could get much more uncomfortable--We could make prisoners watch re-runs of the same Barney and Tele-Tubbies episodes every day--for the worst criminals. It is highly hypocritical to respond to violence with violence, and it ultimately takes away the moral high ground an entity may have in enacting punishment. As hard as it is to view things from the perpetrators point of view, it is necessary to consider the wide range of mental illnesses that may not put someone in a mental institution, but that are bad enough to severely effect ones ability to reason correctly. People that commit horrible crimes have malfunctioning brains, one way or another, they don't work correctly, they don't respond the way a normal brain does. Does that justify criminal behavior? No. But it also doesn't deserve to be completely discounted, so at the least, we as a society can take the moral high ground and stick to punishments that don't undermine the entire justice system. Rage at child rape is justified, but murder in response to that rage isn't. The Supreme Court made the right decision, and now, they need to extend their ruling to the death penalty as a whole, eliminating it's stain from our legal system.
I personally disagree with the death penalty for any crime--rape, murder, treason--because I don't believe the government has the moral authority to enact such a punishment. Life in prison should suffice, and if more punishment is to come, leave that to God. For cases where guilt is indisputable, make the life imprisonment very uncomfortable--humane--but uncomfortable, and I believe that is more punishment than the death penalty. Death for certain crimes seems like the easy way out, and having to endure daily punishment--with potentially much more to come in the afterlife--is much worse. Prison is not a vacation--even in the most lax prisons--and if a new approach is taken for crimes that deserve the worst punishment possible, prison could get much more uncomfortable--We could make prisoners watch re-runs of the same Barney and Tele-Tubbies episodes every day--for the worst criminals. It is highly hypocritical to respond to violence with violence, and it ultimately takes away the moral high ground an entity may have in enacting punishment. As hard as it is to view things from the perpetrators point of view, it is necessary to consider the wide range of mental illnesses that may not put someone in a mental institution, but that are bad enough to severely effect ones ability to reason correctly. People that commit horrible crimes have malfunctioning brains, one way or another, they don't work correctly, they don't respond the way a normal brain does. Does that justify criminal behavior? No. But it also doesn't deserve to be completely discounted, so at the least, we as a society can take the moral high ground and stick to punishments that don't undermine the entire justice system. Rage at child rape is justified, but murder in response to that rage isn't. The Supreme Court made the right decision, and now, they need to extend their ruling to the death penalty as a whole, eliminating it's stain from our legal system.