Louisiana, Texas, and Innocence
By RollingThunder Posted in Breaking News — Comments (1) / Email this page » / Leave a comment »
I had not intended to comment on this, but reading a story on Fox News this morning has influenced me to comment now. Last week, The Supreme Court of The United States issued its last set of opinions from its current term. One of the opinions released was Kennedy v. Louisiana. Kennedy dealt with the issue of the appropriateness of the death penalty in a child rape case.
Justice Anthony Kennedy (no relation to the petitioner), writing for the majority, concluded that the death penalty is not an appropriate sentence for this crime, because there is a "national consensus" that this sentence is disproportionate to this crime. The second reason given for overturning this sentence was because Kennedy did not intended to kill his then 8-year-old stepdaughter by his actions, then he should not have been given the death penalty. I will not comment any further on this opinion except to say the decision rendered stands logic and decency on its head.
Let us now move to this story from Weatherford, Texas. James Kevin Pope was sentenced to 4,060 years in prison for sexually abusing three teenage girls over two years. Pope will be eligible for parole in the year 3209. I would not be surprised if this case will be appealed in Texas court system using the idea of a disproportionate sentence. No one, I believe, is surprised by this sentence. I believe many will find this sentence appropriate because of the horrific, heinious nature of this crime.
Rule 44 of The Supreme Court Rules of Practice allows petitions for rehearing within 25 days of the issuance of a decision. In the case of Kennedy v. Louisiana, I think a petition for rehearing is a good idea. Why? I believe this decision will cause state legislatures to be very apprehensive in crafting tough penalties for severe nonhomicidal crimes.
L.H. lost her innocence at 8-years-old because of the depravity of her stepfather. Not only was innocence lost, but physical trauma requiring emergency surgery was endured as well. Three teenage girls lost two years of their life because of the actions of one man. When is enough, enough? When will we say that yes, there are certain actions that require severe punishments?
I believe it is cruel and unusual punishment these four young people had to go through. I believe it's time for us to stand up and say enough is enough, and enough is now!
Cross posted at Bill's Threshingfloor
"I believe it's time for us to stand up and say enough is enough, and enough is now!"
Jim Tomasik