Quote:
Originally Posted by Indy Coug
Tex, where do you draw the line? Do we just use the "stomach factor" to determine which crimes are worthy of capital punishment and the ones that really make you sick get the heave-ho?
I think life without parole would be appropriate here.
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Did you read the definition of aggravated rape according to the Louisiana statute, Indy? There are 5 other states with child-rape-death-penalty laws, have you read any of those? Putting on my amateur legislator's hat, I'm truthfully not sure how I would legislate this, but I find the Louisiana statute to be reasonable.
I also find this specific case to be worthy of such a penalty. Are you suggesting that in order for my position to be sound, the phrase "the entire perineum was torn from the posterior fourchette to the anus" needs to be
in the statute?
As I said before, the second point here is whether or not the Court's reasoning is sound. You're making an argument they did not make. They based their decision on their assessment that a "national consensus" exists opposing this practice, nor in line with "evolving standards of decency." Are you comfortable with them being the judge of what constitutes a national consensus or standards of decency, or do you simply like their ruling because you agree with it, for your own reasons?
Quote:
Originally Posted by creekster
You can't set policy based on the most egregious facts.
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I'm not advocating that. But we've already got hypotheticals expressed in this thread when no one is dealing with
what actually happened. Forget policy for a moment ... read what happened to this girl. If the option were available to you as a juror, would that enough for you?