Mom Confessions

Posted: **Fri Jan 27, 2023 2:26 pm**

DeSantis expanded that proposal, saying child sexual abuse — specifically rape — should also be punishable by death, with a minimum sentence of life in prison without the possibility of parole.

“These people don’t care. They are unrepentant,” DeSantis said. “... I believe the only appropriate punishment that would be commensurate to that would be capital.”

https://www.yahoo.com/news/desantis-wan ... 05868.html

Posted: **Fri Jan 27, 2023 2:32 pm**

So is he going after Jim Jordan first?

Posted: **Fri Jan 27, 2023 2:42 pm**

I’m against the death penalty for deadly crimes as well, but I don’t think this is a better or worse use of it generally.

Outside of that, I don’t think it would serve as a deterrent to sexual abusers. I also worry there’s the chance that if the penalty for rape and murder are the exact same, there’d be an incentive to ensure the victim can’t testify by killing them, because it’s not like the consequences could be worse for doing that. I’m not sure if there’s any actual empirical evidence of that being the case in states where this was previously the law or in other countries, but it’s the first thing I thought when I read about this yesterday.

Posted: **Fri Jan 27, 2023 5:46 pm**

Wasn't death penalty for rape of a child already decided as unconstitutional by SCOTUS? I believe that some of the arguments against were what Francee wrote above.

Posted: **Fri Jan 27, 2023 6:28 pm**

I personally don’t have a strong position regarding the death penalty, but I agree it’s not a deterrent. Punishment shouldn’t be seen as a deterrent, it should be seen as justice. If people facing consequences for their actions was a deterrent for others there wouldn’t be alcoholism, drug use, smoking, unsafe S*x and many other behaviors that carry negative consequences. But we humans have egomaniacal tendencies: we think that what happened to him won’t happen to me because I’m smarter, wittier, stronger, have better sense, more connections and blah, blah, blah.
The consequences are for the person suffering them, not for the rest of the world.

Francee89 wrote: ↑Fri Jan 27, 2023 2:42 pm I’m against the death penalty for deadly crimes as well, but I don’t think this is a better or worse use of it generally.

Outside of that, I don’t think it would serve as a deterrent to sexual abusers. I also worry there’s the chance that if the penalty for rape and murder are the exact same, there’d be an incentive to ensure the victim/witness can’t testify by killing them, because it’s not like the consequences could be worse for doing that. I’m not sure if there’s any actual empirical evidence of that being the case in states where this was previously the law or in other countries, but it’s just something I thought of when I read about this yesterday.

Posted: **Fri Jan 27, 2023 6:31 pm**

WellPreserved wrote: ↑Fri Jan 27, 2023 5:46 pm Wasn't death penalty for rape of a child already decided as unconstitutional by SCOTUS? I believe that some of the arguments against were what Francee wrote above.

Yup, it was Kennedy v. Louisiana, a 5-4 decision: https://en.m.wikipedia.org/wiki/Kennedy_v._Louisiana

It’s not a new suggestion by DeSantis, as it was allowed in several states before it was struck down in 2008. It’s DeSantis hoping to to revive the issue by having it pass as law in Florida, get applied to a test case or two and then have the litigation work its way through the courts so that SCOTUS might agree to hear it again with its 6-3 makeup.

Roberts, Alito and Thomas were there last time and voted to allow states to impose it, so his hope is that all or some combo of Kavanaugh, Gorsuch and Barrett would agree. Or if they refuse to hear it and the law can’t be enforced, he gets to say he tried, which isn’t a bad political strategy for him either way.

Posted: **Fri Jan 27, 2023 6:34 pm**

Francee89 wrote: ↑Fri Jan 27, 2023 6:31 pm
WellPreserved wrote: ↑Fri Jan 27, 2023 5:46 pm Wasn't death penalty for rape of a child already decided as unconstitutional by SCOTUS? I believe that some of the arguments against were what Francee wrote above.
Yup, it was Kennedy v. Louisiana, a 5-4 decision: https://en.m.wikipedia.org/wiki/Kennedy_v._Louisiana

It’s not a new suggestion by DeSantis, as it was allowed in several states before it was struck down in 2008. It’s DeSantis hoping to to revive the issue by having it pass as law in Florida, get applied to a test case or two and then have the litigation work its way through the courts so that SCOTUS might agree to hear it again with its 6-3 makeup.

Roberts, Alito and Thomas were there last time and voted to allow states to impose it, so his hope is that all or some combo of Kavanaugh, Gorsuch and Barrett would agree. Or if they refuse to hear it and the law can’t be enforced, he gets to say he tried, which isn’t a bad political strategy for him either way.

That argument seems easily overturned depending on who is voting.

Posted: **Fri Jan 27, 2023 6:47 pm**

BobCobbMagob wrote: ↑Fri Jan 27, 2023 6:34 pm
Francee89 wrote: ↑Fri Jan 27, 2023 6:31 pm
WellPreserved wrote: ↑Fri Jan 27, 2023 5:46 pm Wasn't death penalty for rape of a child already decided as unconstitutional by SCOTUS? I believe that some of the arguments against were what Francee wrote above.
Yup, it was Kennedy v. Louisiana, a 5-4 decision: https://en.m.wikipedia.org/wiki/Kennedy_v._Louisiana

It’s not a new suggestion by DeSantis, as it was allowed in several states before it was struck down in 2008. It’s DeSantis hoping to to revive the issue by having it pass as law in Florida, get applied to a test case or two and then have the litigation work its way through the courts so that SCOTUS might agree to hear it again with its 6-3 makeup.

Roberts, Alito and Thomas were there last time and voted to allow states to impose it, so his hope is that all or some combo of Kavanaugh, Gorsuch and Barrett would agree. Or if they refuse to hear it and the law can’t be enforced, he gets to say he tried, which isn’t a bad political strategy for him either way.
That argument seems easily overturned depending on who is voting.

Agreed, I think Kennedy would probably be overturned if it got to the Supreme Court with its current membership, but since it would probably take years for a case to get there who knows what the Court’s makeup will be then?

Posted: **Fri Jan 27, 2023 6:54 pm**

I'll pull the trigger

Posted: **Fri Jan 27, 2023 7:18 pm**

Carpy wrote: ↑Fri Jan 27, 2023 6:54 pm I'll pull the trigger

We already knew you don't have an issue with gun violence

Mom Confessions

I typically dislike Desantis… but wow at this new suggestion. WDYT?

I typically dislike Desantis… but wow at this new suggestion. WDYT?

Re: I typically dislike Desantis… but wow at this new suggestion. WDYT?

Re: I typically dislike Desantis… but wow at this new suggestion. WDYT?

Re: I typically dislike Desantis… but wow at this new suggestion. WDYT?

Re: I typically dislike Desantis… but wow at this new suggestion. WDYT?

Re: I typically dislike Desantis… but wow at this new suggestion. WDYT?

Re: I typically dislike Desantis… but wow at this new suggestion. WDYT?

Re: I typically dislike Desantis… but wow at this new suggestion. WDYT?

Re: I typically dislike Desantis… but wow at this new suggestion. WDYT?

Re: I typically dislike Desantis… but wow at this new suggestion. WDYT?