Execution for Committing a Non-Homicide Sex Crime
The last execution of an individual found guilty for committing a non-homicide sex crime occurred 50 years ago. The use of the death penalty against such offenders was halted partly because of claims that such execution was not only cruel but also in violation of the Constitution. In Coker v. Georgia (1977), the Court ruled that executions for rape were not only cruel but also contributed to unusual punishment that infringed the Eighth Amendment of the Constitution. In its ruling on the case, the U.S. Supreme Court prohibited the death penalty for rape in an offense where the victim had the legal status of an adult since she was 16 years old and married. In the past few years, there have been attempts and efforts that support the reinstatement of capital punishment for committing a non-homicide sex crime. These efforts have primarily been centered on the use of the death penalty for sexual violence where the victim was not killed.
Abolition of Execution for Committing a Non-homicide Sex Crime
The history of the use of the death penalty as a punishment for offenders who commit a non-homicide sex crime can be traced back to more than 50 years ago. The last person to be executed for committing a non-homicide sex crime was Patrick Kennedy more than 50 years ago. Generally, the use of the death penalty as a means of punishing offenders of serious crimes is an issue that has attracted huge controversy in the recent past. In the past 30 years, the United States Supreme Court has definitely tilted toward conservatism though capital punishment cases have largely been an irregularity (Stanglin, 2008). During this period, the U.S. Supreme Court has prohibited the execution of mentally retarded individuals and juveniles on the premise that such executions infringe the 8th Amendment's ban against cruel and unusual punishment.
In relation to prohibiting execution for committing a non-homicide sex crime, the Court has made some landmark rulings that have in turn become monumental. For instance, in Kennedy v. Louisiana case, the Court ruled that states cannot execute an offender found guilty of raping a child. The ruling was based on the fact that such executions are not only cruel and unusual punishment but also violate the Eighth Amendment. The ruling was partly influenced by the decision in Coker v. Georgia case in 1977 where the Court prohibited such executions for similar reasons. The decision in Kennedy v. Louisiana not only prevented the impending execution of an individual guilty of an offense that did not culminate in the victim's death but also prevented legislatures for establishing regulations that support the death penalty for other non-homicide crimes. Therefore, the Supreme Court's ruling implies that the death penalty is permitted to be enforced only for murder offenses.
History of the Movement
As previously mentioned, there have been numerous efforts to revive the death penalty for sexual violence where the victim was not killed. These initiatives have been fueled by various considerations including the dissenting opinion of Justice Samuel A. Alito Jr. In the review of Kennedy v. Louisiana case. He argued that state legislatures have continuously functioned under ominous shadow since many judges and attorneys have interpreted that the decision in Coker v. Georgia (1977) as prohibiting the death penalty for any rape offense. Therefore, state legislatures have not been given the freedom to express their own understanding of the standards of decency in today's society (Greenhouse, 2008).
The efforts towards reviving the death penalty for sexual violence where the victim was not killed have also been fueled by the enactment of such statutes by six states, which may represent the commencement of a new evolutionary line. Justice Alito stated that these measures are reflections of changes in the modern society's thinking since the ruling in Coker v. Georgia case. The enactment of the statutes is also a sign that the society is increasingly become aware and concerned regarding sexual offenses against children. Texas and Georgia are examples of states that have passed statutes in recent years that support the use of capital punishment for individuals found guilty of sexual violence crimes where the victim was not killed.
The other major factor...
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" Civil commitment statutes entail that a convicted sexual offender who has finished his or her sentence should be treated within a secure medical setting. This is not connected to a time frame, and such persons could be committed indefinitely, until it is determined that they are no longer a danger to society. When released from such a facility, the person is still required to register as a sexual offender. Other
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Capital Punishment Like abortion, the institution of capital punishment is a very divisive topic. The line dividing the supporters and opponents of capital punishment is variably drawn across political philosophies, race, sex and religion. The Governor of Illinois, not long ago, declared a moratorium on death penalty cases in his state. This essay is dedicated to a presentation of facts about capital punishment, without delving into personal opinions in support or
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