Death Penalty for Child Molesters

Over at Grits for Breakfast, there is a post about the discussion in Texas about whether to apply the death penalty to child molesters.  I wrote an article on the subject a couple years ago in response to the effort of Louisiana and other states to apply capital punishment to aggravated molestation cases.  Thus far, though, no one has been sentenced to death under these statutes in the United States one person has been sentenced to death in Louisiana under the statute (thanks to karl at capitaldefenseweekly.com for the correction).  According to my last count, six states had these laws.  I had many arguments against the application of the death penalty in child molestation cases.  My main policy objections were:

1) By decreasing the difference in punishment between killing a child and molesting a child, the government creates an incentive for the criminal to kill the victim.  If murder is a "freebie" in terms of assuming the risk of greater punishment, then the marginal deterrence incentive is to kill the victim if there is a risk of discovery.  This is especially true in the context of child molestation cases because those crimes usually only have one witness: the victim.  Being able to kill the only witness to a crime is not normally something the government wants to encourage.  This is a primary reason the death penalty is no longer applied to kidnapping.

2) The death penalty is likely to further decrease the reporting of an already underreported crime.  Since most molesters are family members or friends, a lot of molestation cases get swept under the rug.  If "Uncle Frank's" life is in jeopardy by reporting what he did, the incentive to not report is increased.

3) There is some evidence that applying the death penalty to non-homicide crimes increases the jury incentive not to convict.  If that evidence applies in the child molestation case, you could expect an increase in not guilty verdicts.

4) It may be unconstitutional.  The U.S. Supreme Court, in Coker v. Georgia, held that the death penalty as applied to a rape was an 8th Amendment violation.  The case was about the rape of an adult woman.  For that reason, the Louisiana Supreme Court, in State v. Wilson, distinguished that state's statute applying to child molestation cases.  There are reasons to think that distinction won't be supported if a child molestation statute reached the federal level of judicial review.

My article also spends a lot of time examining the rhetoric underlying capital rape and child molestation statutes.  Often these laws are supported with the Victorian notion that a person is "better dead than raped."  This rhetoric carries a lot of baggage that I think problematizes these statutes even more. 

Comments

[karl]

One technical correction. Louisiana sentenced Patrick O. Kennedy to die in 2003 for raping an 8-year-old girl. His case is appears to be on direct appeal and has not yet reached the SCOTUS.

- karl

[jason]

I think its crazy to have a child molester

killed. what next is the court system gonna

dream up. they will be having public

executions of people that use the f word.

Americans need to rise up against the

government and put an end to there crazy

laws. they need to be sued. if they pass

that law they will be creating mass murder

there are millions of child molesters.

statistics show 1 out of every 6 girls will

be raped. to creat a law like that would

be creating genocide.

[Haven]

I think it would benefit the public to have the death penalty for Sex Offender. After all the molester kill something inside their victims that can never been fixed. Please just because the say 1 out of every 6 girl will be raped at least not by the same creep over and over again. Also if some one think that using foul language compare to sex crimes they need help. Plus check your facts on repeat offenders!

[calling_for_angels@yahoo.com]

I have been calling for the death penalty for sex offenders. However, I do see the arguement against it as valid.

Also, there are false allegations.

My grandson has been sexually molested by his step father and his mothers brother.

We have fought very hard for this little boy.

Our family is in financhial ruin and suffering depression over the childs abuse.

When we reported that the little boy was being raped, the child was taken from our loving home by the FOC in Ingham county Michigan. Custody of the child was turned over to the mentally ill and abusive mother and the rapist step father.

I have fought very hard to save this child. NO ONE WILL LISTEN.

THe mom has a long history of child abuse and mental illness.

The CPS worker, Colin Parks was more concerned about a cigarette being smoked in our home then he was with what the step daddy put into the little boy in the closet.

To spite 25 pictures of abuse depicting bite marks, bruises and hand prints bruised into the little boy. To spite his being hospitalized with a head injury, VIcky Pinckney of the Ingham county foc determined that I did not know a play boo boo from abuse.

This is a long horrible story of child rape and abuse and the destruction of the family at the hands of child welfare workers and the courts.

We are a good family with a nice home where the child was well taken care of and loved.

Now the child lives in Taylor MI, one of the most crime ridden cities in America. He lives in a run down town house complex where there is only parking lots, no playground.

I would like to see laws changed for child molestation.

Something needs to be done.

Since they condemned this child to a life of abuse and rape, I have researched and found that this is the norm for CPS.

They take the child from the loving home and put the child into the abusive home or out to foster care.

I AM CALLING FOR ANGELS. My family needs help saving a beautiful and bright little boy who is being destroyed because the child protectors said so.

Our case was a legal circus beyond belief to the tune of 50K. We have filed bankruptcy.

My son and husband are being treated for depression.

The child has been through hell. His story is long and sad. I have told his story to literally hundreds of folks in the abuse prevention racket.

People have cried as I told them the story. And then say that they are sorry that they cant do anything.

[All]

I was molested. My father went after the man with a loaded gun. I must not be a 'good' person, since I did not want anybody to die because of ME. Something far greater would have 'died' in me if he had killed this man than anything that 'died' in me for having been molested.

Stop and think about the child's feelings before your avenging 'angels' are called out.

You are dong more harm than good.

[eAdvocate]

To all who are having troubles with Michigan's Departrment of Human Services.

That department is no different than any state department and it has a complaint procedure for complaints against workers of the agency.

Now, if you have submitted evidence of abuse and that evidence is being ignored, then you should consider filing a complaint against the worker who accepted the evidence.

That department has a 800 number, but I don't know what it is, you need to call it and get the PROCEDURE for filing complaints against workers of the department.

Be very careful, they are slick and try to get you to file another child neglect complaint, to get the focus off of the workers.

Make sure you get the right kind of complaint and follow their rules to the letter, also watch their time frames, miss them and they will dismiss the complaint for procedural reasons and never get to the merits of the complaint.

Have all the facts ready and write up everything as clear as possible.

Good luck.

[tera duboir]

We must remember how many innocent people have been wrongfully convicted. Because of prosecutal misconduct and ineffective lawyers. Here the new ploy by investigators..Im not here to arrest you..then when they deny allegations..we have scientific evidence witnesses all this evidece which they don't have..making the person feel that no matter what they say they will be convicted..then if you cooperate it will go easier on you. They get caught up in a false dictated confession thinking they wont get arrested or something similar..then a few days later.. they get arrested..Then in court youll hear things like well the doctor couldnt find anything forensics couldnt you may feel the alleged victum isnt credible BUT YOU HAVE THE TAPE. The personspublic defender never objects to this any many times never puts the accused on the stand, doesnt call witnesses or allows what littile if any witness on his or her behalf to be bashed by the prosecutor. How would you feel about putting someone like this even though your made to not personally like the person to death.. if so maybe theres something worse out there than a child molestor.A disfunctional public.

[tera duboir]

To the Grandma of the sexually abused child.You say he had bruises and bite marks. The problem is all kids get bruises and if their are other toddlers around may get bite marks. But the bite marks from an adult are different that that of a child. Did you get pictures. If the child is being abused sexually raped as you say there should have been physical signs or injuries. I know of grandparents that have taken grandchildren from their home just because they feel they could give them a better life. Many time without helping them both or suporting them they just want the kid. Most could you have to remember how hard it was for you when young and raising kids thats not the issue thats forgetting and arrogance.Less the chld was really being abouse you could have used the money to help them get housing in a better neighborhood. If there was there should be physical evidence. I arrgee that CPSrs are arrogant and self centered people who have little regard for the child. They are back ask wards in who they take and who they don't. Hees an example of what they may ask to a person accused of sex abuse..Do you change the babys diapers? the person says yes> Do you touch the genitals when you change the diapers, yes to wash them..Then later write a report that says person admitted to touching the childs genitals but but made the excuse it was only when they changed the diapers. But yet with lack of physical evidence the family is ruined by themand the child may have no where to go but foster care where he or she may be in real jeporday of being abused. Made the excuse was a lie but I guess their allowed to purger themselves in court.
And now we have teens lieing about their age..you don't hear about ofcourse.Then even when its been established theyll turn around maybe with pre trial help and lie about that too. We go a lot of problems with our system. The guy that killed Jessica had all sorts of problems not just youth mistakes but real issues that were egnored.The problem is that people like him has caused a panic and now anybody accused feels like they will be convicted, prosecutors know it and ploy these just confess and it will go easier on you. It shouldn't cost all this money to guarentee justice it is our constitutional right. If the jurors had a sense of responsibility in looking into there right..like a confession that is made by threats alligations of false evidence and promises of lienancy is a violation of their constitutional rights and they really can't convict based soley on this because it is illegal. But they don't check they just stupidly convict, guess the smart ones are too busey working to serve so they get the submissive don't wanta educate themselves less it's on TV watchers instead.. Buy the way I know A GRANDMA WHO LOST THEIR GRANDSON AT 1 WEEK OLD BECAUSE CPS TOLD HER THEY WOULD CHARGE HER OF KIDNAPPING IF SHE TOOK THE CHILD EVEN WITH PERMISSION.HER DAUGHTER WAS RETARDED AND COULDNT FEED HIM NO FOOD SO WHEN THE CPS CAME OVER SHE PRETENDED TO FEED HIM BAKING SODA AND WATER CUZ IT LOOKED LIKE MILK..THE DUM ARROGANT LITTLE EDUCATED CHILD SAVORS FAILED TO CHECK THE SOURCE..THE CHILD DIED AS A RESULT.Another got taken away after bring the child to the hospital becaus of a illness that wasnt getting any better after taking her to the Doctor..because she looked young.. and called it neglect even though she was seeing a doctor for a commor respitory ilness that was worsening..what I mean about them being back ask wards. I could go on and on.. looks like we need to clean out the whole system and start over.

[calling_for_angels@yahoo.com]

No these are not play boo boos. My grandson has had goose eggs on his head now for 6 years.

Only about a month ago, he revealed that his bipolar maternal grandmother has been slamming his head into a corner.

And not kids dont hit and bruise themselves on the butt with sitcks.

Kids do not beat their own backs and leve welts.

Kids dont leave diapers on long enough to create running oozing nasty diaper rash.

Kids dont punch themselves in the stomach or suffocate themselves.

THis child is truly abused.

The FOC, VIKI PInckney even admitted that she believed that the child was molested by the teen uncle, however it was a kid on kid crime and would not be pursued.

The child told Colin Parks of CPS in Ingham county that his step father takes him into a closet and puts things into him.

THERE IS NO DOUBT THAT THIS LITTLE BOY IS IN GRAVE DANGER.

We had a judge, Ingham county family court Janelle Lawless, ordered that the little boy could not go to school. Have you ever heard of a judge ordering a child to not go to school?

I will fight for this child until he is free of his abusers.

ANd no gramma does not just want the baybay.

Gramma would be happy to be gramma to a happy and safe child.

I have filed bankruptcy over trying to save this child. I should be taking cruises and looking forward to retirement. I should not have to fight for this childs safety.

The courts had enough to know what is going on.

Mother--bi polar
obsessive compulsive
rare form of tourettes
ADHD.

Maternal grandmother--bipolar

Uncle-child molestor

Stepfather--child molestor
AND YOU CAN PUT CPS, FOC, AND JUDGES ARE CHILD ABUSERS FOR NOT HEARING.

[Lori]

I have no sympathy for child molesters. The most recent example being the 12 year old murdered in Tacoma, WA.
My sympathy is entirely for the children and their families, the true victims.
Child molesters are incurable, they only get more aggressive.
Will the death penalty scare a child molester from molesting? Probably not, but we could wipe them out and make it something children never have to fear.
How can anyone look at an innocent child victim and think their attacker deserves to live? How can we take a chance on their lives?

[Dave]

You might as well try wiping out violence altogether. This is not something new to the 21st century and cannot be solved by mere legislation. It will take a paradigm shift in society the likes of which has never been seen before and probably never will. Sex offender recidivism rates are low yet the registries keep growing. This should tell you that the problem lies not with who is on the list, therefore you can never fully eradicate the problem. Government knows this, and yet they don't care. It gets official elected and keeps them in office only to go about business as usual of not moving this country forward.

Remember, he who seeks vengeance must dig two graves.

[Ilah]

The death penalty no more wipe out child molestors than it has wiped out murderers. And any prosecutor will tell you that such a penalty may result in fewer convictions--as other massive sex offender related penalties have already done--because the majority of cases are already difficult to conclude without the reporting and cooperation of family.

However, if you want to pass a law that's opposed by those who understand its full impact, all you need to do is contact your local lawmakers. The past couple years have proven lawmakers are far more likely to pass laws based on emotional fury than real-life consequences, so you may get lucky.

On the other hand, you may want to consider pushing for policies that would increase the number of sex abuse cases that are solved sooner. For example, the clearance rate for forcible rape--a registry offense--has fallen 10% since registries became policy. While a case of incest against a 16-year-old (what the man in WA was convicted of) would be unlikely to draw the death penalty even if it were available, I understand he is being looked at for previously unsolved cases.

[supportive wife]

I can tell you that none of the victims in my case would wish the death penalty on the abuser. If my child thought that her father would die because she told she would never tell and the pain would go on and on. He would never try to get help and I would kill myself. Violence begets more violence. I like the comment he who seeks vengeance must dig two graves. Many of these offenders can improve their lives if they are given the appropriate therapy.

[Tina]

One less prick in the world. Hang them all!