Why the Death Penalty for Rape is a Stupid Idea

Memo to Barack Obama, as I expect that sort of pandering from John McCain: people will appreciate a carefully explained response. Instead of pandering on the subject of the death penalty for child rape, explain succinctly and compassionately why this is a bad idea. Perhaps something like this:

"I'm the father of two young girls. The only crime more heinous in my mind than the rape of a child would be the murder of a child. If a child rapist knows that the rape of a child will result in his execution, given the simple fact that someone cannot be executed twice, all the death penalty would do in this instance is ensure that a reliable witness to this crime would be killed by the perpetrator. Do we as a society want to turn child rape victims into child murder victims just to seem tough on this crime?"

That's all that needed to be said. Just a dose of common sense.

Comments

[boz]

Two issues here. First, he outlined his position in his book two years ago, so this isn't general election pandering.

Second, if you believe, "people will appreciate a carefully explained response," that's what Obama provided. He didn't comment on the particular case, but said that the state law wasn't unconstitutional and he disagreed with the SC overturning it. He's a constitutional law professor and that position makes sense.

I disagree with the death penalty in all circumstances but believe it is constitutional should a state decide to institute it. That's not an inconsistent position. One is about effectiveness and morals, the other is a specific legal question.

[Randy Paul]

I don't buy it. In a week in which Obama was consistently moving rightward, he moved right on this.

As for his response, it was Dukakisesque. Most people would understand and empathize with the argument that I made, that the death penalty would increase the likelihood that the victim would be murdered. A tedious argument about constitutional law is not likely to register with most voters. It also feeds the criticism that he lacks real world experience. On this issue, of course the right won't criticize him, but he deserves the criticism.

Most states don't have the death penalty for rape. There are good reasons why. Mores the pity that it's lost on Obama.

[Akaky]

Randy, dont rethink your position because of what I am about to say: I agree with you. Raping a child is just about the worst thing anyone can do to a child. Only murder is worse and that's why if a state has the ultimate sanction, then it must be for the ultimate crime. Yes, this experience will scar the child for life, but you have to be alive to be scarred; if the punishment for both crimes is the same, then there is no point in not killing the child in order to prevent them from testifying against you. Sentencing child rapists to death only makes it more likely that they will kill their victims, which is not something the pols think about in their rush to pander.

[Akaky]

Which is exactly what the guy you quoted said. Make you wonder why I bothered using up your bandwidth for that, dont it?