Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Saturday, June 14, 2008

The death penalty for child rape

In response to Michael's questionFirst, and contra Bob Abernethy, there is next-to-no chance that the Court is going to "expand the death penalty" in the Louisiana child-rape case.  The trend in the Court's death-penalty case-law is clearly in a narrowing, not an expanding, direction.  Second, in the transcript which Michael posted, several speakers fail -- as so many do, unfortunately -- to distinguish between "retribution", properly understood, and "revenge" or "vengeance."  "Retribution" is an important -- indeed, the crucial -- purpose and justification (and limiting consideration) of punishment; "revenge" has no place in criminal justice.  That "vengeance is mine, saith the Lord" has little to do, it seems to me, with the question whether or not "retributive" punishments are justified.

The question, it seems to me, is not whether the death-penalty for child-rapists is "retribution" -- all justified punishment is "retribution" -- but whether, all things considered, it is justifiable (and if so, whether it is wise policy) to execute child-rapists.  In my view, it isn't.  That said, I do agree with those who criticize the Court's decision in Coker for failing to take seriously the harm that rape causes (re-read Justice White's opinion, and cringe), and I also have no doubt that many who rape are animated by a more blameworthy state of mind than many who commit homicide.

https://mirrorofjustice.blogs.com/mirrorofjustice/2008/06/the-death-penal.html

Garnett, Rick | Permalink

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