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May 14, 2024
Tennessee now second state to allow death penalty for child rape since SCOTUS prohibition
I noted last month in this post that the Tennessee legislature has passed a bill authorizing the death penalty for those convicted of rape of a child. This new AP piece reports that this bill is now law:
Tennessee Gov. Bill Lee has approved legislation allowing the death penalty in child rape convictions, a change the Republican-controlled Statehouse championed amid concerns that the U.S. Supreme Court has banned capital punishment in such cases. Lee, a Republican, quietly signed off on the legislation last week without issuing a statement.
The new Tennessee law, which goes into effect July 1, authorizes the state to pursue capital punishment when an adult is convicted of aggravated rape of a child. Those convicted could be sentenced to death, imprisonment for life without possibility of parole, or imprisonment for life.
Florida’s Gov. Ron DeSantis enacted a similar bill nearly a year ago.... Meanwhile, Idaho’s GOP-controlled House approved similar legislation earlier this year, but the proposal eventually stalled in the similarly Republican-dominated Senate.
While many supporters of Tennessee’s version have conceded that even though the Volunteer State previously allowed convicted child rapists to face the death penalty, the U.S. Supreme Court ultimately nullified that law with its 2008 decision deeming it unconstitutional to use capital punishment in child sexual battery cases.
However, they hope the conservative-controlled Supreme Court will reverse that ruling — pointing to the decades long effort that it took to overturn Roe v. Wade, the landmark 1973 case that legalized abortion nationwide but was eventually overruled in 2022. “Maybe the atmosphere is different on the Supreme Court,” said Republican Sen. Janice Bowling last month while debating in favor of the law. “We’re simply challenging a ruling.”
Lee told reporters Tuesday that he didn’t sign the bill hoping it would be “tested” in court. Instead, he said crimes against children are “some of the most heinous that there are.”...
Currently, all executions in Tennessee are on hold as state officials review changes to its lethal injection process.
Prior related posts:
- With new Florida law authorizing death penalty for child rape, how might SCOTUS get to reconsider Kennedy?
- Possible Florida test case for new capital child rape statute now in the works
- First capital child rape charge under new Florida law results in LWOP plea and sentence
- Tennessee poised to become second state to authorize the death penalty for child rape since SCOTUS prohibition
May 14, 2024 at 09:33 PM | Permalink
Comments
This is a ploy to overturn Kennedy v. State (2008). I honestly don't know if the Court will overturn it as conservatives don't deify capital punishment as they do with opposing abortion. It depends if Gorsuch, Kavanaugh and/or Barrett will side with Jackson, Kagan and Sotomayor.
What's strange is Tennessee has halted executions for the time being, which makes this look like a political move. I highly doubt the state will resume executions over a case involving child molestation even if it involves a kid under 12 years of age.
Posted by: Anon | May 14, 2024 10:26:30 PM
It's a ploy to get a blatantly unconstitutional decision overturned.
Posted by: federalist | May 15, 2024 8:49:03 AM
federalist --
When conservatives do it, it's a ploy. When liberals do it, it's "bold litigation strategy to challenge the status quo."
Posted by: Bill Otis | May 15, 2024 8:28:05 PM
This law will only embolden a child rapist to kill his or her child victim and the child's parents to keep them from giving the prosecution vital evidence to secure a conviction for this vile type of crime. If we impose the death penalty for a crime that does not involve murder, it will give the perpetrator of said child rape nothing to lose by going one step further to murder his or her victims. A life sentence without parole would be much more effective as it gives the perpetrator less incentive to kill the victim and family. Besides, a life sentence does not have a series of expensive automatic appeals that any death penalty has, thus saving tax-payer money and saving the victims to constantly relive the crime. Moreover, several jurors would be more than eager to impose a life sentence might have even greater reluctance to impose a death penalty as a death penalty, once the execution is carried out, is irreversible should new evidence show the defendant to have been innocent of the crime all along.
Posted by: william delzell | May 16, 2024 2:38:22 PM
William Delzell,
How come we always hear that the DP has little or no deterrence value but is always at the top of a child rapist’s mind when this topic comes up?
Posted by: TarlsQtr | May 16, 2024 5:31:09 PM
william delzell --
In addition to TarlsQtr's question, I have a couple: Isn't it true that you oppose the DP in all instances, and not just for child rape? If it is not true, for what crimes do you support the DP? Have you ever publicly supported the DP for any particular defendant? Could you link to that?
Posted by: Bill Otis | May 16, 2024 11:58:49 PM
Bill:
"When liberals do it, it's "bold litigation strategy to challenge the status quo.""
Yeah they should go ahead and try that with the 234 judges President Trump appointed and let us know how that works out LOL
Here's to 234 more starting in 2025! Maybe a little sooner. MAGA
Posted by: MAGA 2024 | May 17, 2024 10:57:14 AM
Does Otis want to give a child rapist an incentive to kill his or her victims? If one thinks that he or she will get the death penalty for a crime that does not involve murder of the victim, then that criminal has little deterrence to spare that victim in order to AVOID the death penalty. Give these child rapist life or a similar severe sentence as a deterrence to other child rapists and to save the victims of child rape of having to relive their experience by constantly having to reappear at new sentencing court hearings. This way, the victim can finally acquire closure knowing that their perpetrator will never return to the streets to reoffend.
Posted by: william delzell | May 17, 2024 6:14:40 PM
In response to Bill Otis's other questions about whether or not I oppose the death penalty in all instances, let's just say that I oppose it even more when the crime does not involve the commission of MURDER by the defendant or perpetrator than I do in other instance where the crime DOES involve the murder of a victim by the perpetrator.
Posted by: william delzell | May 17, 2024 6:17:27 PM
In response to Bill Otis's other question as to whether I oppose the death penalty for ALL crimes, let's just say that I oppose it even more so when one applies it to a crime that does not involve a murder committed by the defendant or perpetrator than I do when the death penalty is mere for a crime that DOES involve murder.
Posted by: william delzell | May 17, 2024 6:19:12 PM
Looks like Otis, Tarls, MAGA, and federalist are forming the MAGA quartet. Who ever said this was a liberal listserve.
Posted by: Dave from Texas | May 17, 2024 6:51:04 PM
william delzell --
As I thought, and you now admit, you oppose the DP in all cases no matter what. So your opposition to it in the Kennedy v. Louisiana instance is just a make-weight, as I also thought.
Posted by: Bill Otis | May 17, 2024 7:46:47 PM
Dave from Texas --
"Looks like Otis, Tarls, MAGA, and federalist are forming the MAGA quartet."
It's been clear for a long time that you're not the brightest bulb out there, but failing to recognize that MAGA loathes Trump and is being 100% sarcastic in "praising" him must set a new world record for stupidity.
Posted by: Bill Otis | May 17, 2024 7:50:35 PM
You wound me, Bill.
America has been in decline for at least 91 years. People rightly soured on both the Republican and Democratic establishments. Nobody predicted that Trump would take the GOP nomination in 2016 but he did, disposing of one pedigreed GOPer after another.
In such a rise, I see the hand of God. Maybe you don't.
Trump is a vessel of the Lord's will and this is obvious to anyone who cares to consider the matter seriously.
Look at all the signs. Israel is on the brink. No one can set a date certain for the end times but I see the signs. And even if I'm wrong and we have another 1,000 years, we won't have an America for that long if we don't Stop. The. Rot.
Trump is our best hope. Scratch that - our only hope. Anyone who hopes to survive had better get right, right quick. God bless. MAGA
Posted by: MAGA 2024 | May 18, 2024 1:11:43 PM
MAGA 2024 --
I'll say this for you: When you pick a meme, you stick with it all the way. Maybe I should start a counterpart featuring Joe Biden, but there's no chance I could get an audience as credulous as Dave from Texas.
Posted by: Bill Otis | May 18, 2024 3:59:32 PM
Well Bill if you do it I dont think youll get many replies because if your authentic it will all come out like word salad LOL
Posted by: MAGA 2024 | May 18, 2024 5:38:45 PM
MAGA 2024
I won't get many replies from people willing to sign their names, that's for sure. I am constrained to concede that the main commodity in the comments section these days isn't stupidity, although that's a strong contender. It's cowardice.
Posted by: Bill Otis | May 18, 2024 7:04:41 PM
Dave from Texas,
If you can find a quote of me supporting Trump, I’d love to see it. I have never supported or voted for him.
You are making shit up.
Posted by: TarlsQtr | May 18, 2024 9:51:16 PM
TarlsQtr --
These guys just say whatever jumps into their mostly empty heads. The idea that you're a Trump fan is hilarious. But they never apologize for lying and never even look back, because they know there's no accountability, and that's good enough for what they imagine to be their consciences.
Posted by: Bill Otis | May 18, 2024 11:53:50 PM
