Post by Anja on Jun 12, 2006 10:24:55 GMT -5
Repeat child molesters to get death penalty
Gov. Brad Henry signed legislation Friday making Oklahoma the 5th state in
the nation to allow the death penalty for certain sex crimes.
Without comment, Henry signed the measure into law despite concerns by
legal scholars that it is unconstitutional. South Carolina's governor
signed a similar statute on Thursday, and comparable measures are in place
in Florida, Louisiana and Montana.
The bill, overwhelmingly approved by the Oklahoma House and Senate, makes
the death penalty an option for anyone convicted of a 2nd or subsequent
conviction for rape, sodomy or lewd molestation involving a child under
14.
"I would say this is constitutionally dead on arrival," said David Brook,
a law professor at Washington and Lee University in Lexington, Va., who
runs the Virginia Capital Case Clearing House, which assists lawyers in
death penalty cases.
In recent years, the court has barred states - including Oklahoma - from
imposing the death penalty on juvenile and mentally retarded killers.
The measure's author, state Sen. J. Paul Gumm, said his constituents were
tired of hearing reports about convicted child molesters in other states
getting out of prison and committing similar crimes.
"I believe this will make Oklahoma a safer state for our children," said
Gumm, D-Durant. "The more severe the crime, the more severe the
punishment. And I don't think there's a more severe crime than child
molestation."
Gumm said he is not concerned about critics who say the new law will not
withstand a constitutional challenge.
"What else is a defense attorney going to say?" Gumm said. "I feel
confident that the constitutionality will be upheld."
"The public, the voters, everybody's fed up with child predators," said
Oklahoma state Rep. Fred Morgan, who described child molesters as
"monsters" and "less than human" during debate on the Oklahoma sex
offender bill.
Richard Dieter, executive director of the Death Penalty Information Center
in Washington, said the legislation is a reaction to public outcry over
the frequency and seriousness of sex offenses and the attention they
receive in the media.
"There is a political push to appear tough and on the victim's side. It's
hard to say no," Dieter said.
No one convicted of a sex offense has been executed since the U.S. Supreme
Court reinstated capital punishment 30 years ago. One inmate is on death
row in Louisiana following his 2003 conviction for raping an 8-year-old
girl.
In 1977, the U.S. Supreme Court reversed the death penalty of a Georgia
man convicted of raping an adult woman, describing it as "an excessive
penalty for the rapist who, as such, does not take human life."
But Morgan, an attorney and Republican candidate for Congress in Oklahoma
City, said the high court has not addressed the issue when children are
the victims.
"We're trying to do something to protect children," Morgan said.
Jeffrey Rosenzweig, a criminal defense lawyer in Little Rock, Ark., said
the bill raises troubling questions about the imperfections of the
criminal justice system and the ability of malevolent adults to pressure
and coerce children into making false claims.
"It is the area of law that is subject to more abuse and more false
statements than any other area of law because of the inherent fallibility
of the memory of children," Rosenzweig said.
Brook, of Washington and Lee University, said the measure might actually
put a child rape victim's life at risk.
"The last message you want to give an offender who has the life of a child
in his hands is you might as well kill the child because he's already got
the death penalty," Brook said. "This is a very stupid message."
(source: Durant Daily Democrat)
Gov. Brad Henry signed legislation Friday making Oklahoma the 5th state in
the nation to allow the death penalty for certain sex crimes.
Without comment, Henry signed the measure into law despite concerns by
legal scholars that it is unconstitutional. South Carolina's governor
signed a similar statute on Thursday, and comparable measures are in place
in Florida, Louisiana and Montana.
The bill, overwhelmingly approved by the Oklahoma House and Senate, makes
the death penalty an option for anyone convicted of a 2nd or subsequent
conviction for rape, sodomy or lewd molestation involving a child under
14.
"I would say this is constitutionally dead on arrival," said David Brook,
a law professor at Washington and Lee University in Lexington, Va., who
runs the Virginia Capital Case Clearing House, which assists lawyers in
death penalty cases.
In recent years, the court has barred states - including Oklahoma - from
imposing the death penalty on juvenile and mentally retarded killers.
The measure's author, state Sen. J. Paul Gumm, said his constituents were
tired of hearing reports about convicted child molesters in other states
getting out of prison and committing similar crimes.
"I believe this will make Oklahoma a safer state for our children," said
Gumm, D-Durant. "The more severe the crime, the more severe the
punishment. And I don't think there's a more severe crime than child
molestation."
Gumm said he is not concerned about critics who say the new law will not
withstand a constitutional challenge.
"What else is a defense attorney going to say?" Gumm said. "I feel
confident that the constitutionality will be upheld."
"The public, the voters, everybody's fed up with child predators," said
Oklahoma state Rep. Fred Morgan, who described child molesters as
"monsters" and "less than human" during debate on the Oklahoma sex
offender bill.
Richard Dieter, executive director of the Death Penalty Information Center
in Washington, said the legislation is a reaction to public outcry over
the frequency and seriousness of sex offenses and the attention they
receive in the media.
"There is a political push to appear tough and on the victim's side. It's
hard to say no," Dieter said.
No one convicted of a sex offense has been executed since the U.S. Supreme
Court reinstated capital punishment 30 years ago. One inmate is on death
row in Louisiana following his 2003 conviction for raping an 8-year-old
girl.
In 1977, the U.S. Supreme Court reversed the death penalty of a Georgia
man convicted of raping an adult woman, describing it as "an excessive
penalty for the rapist who, as such, does not take human life."
But Morgan, an attorney and Republican candidate for Congress in Oklahoma
City, said the high court has not addressed the issue when children are
the victims.
"We're trying to do something to protect children," Morgan said.
Jeffrey Rosenzweig, a criminal defense lawyer in Little Rock, Ark., said
the bill raises troubling questions about the imperfections of the
criminal justice system and the ability of malevolent adults to pressure
and coerce children into making false claims.
"It is the area of law that is subject to more abuse and more false
statements than any other area of law because of the inherent fallibility
of the memory of children," Rosenzweig said.
Brook, of Washington and Lee University, said the measure might actually
put a child rape victim's life at risk.
"The last message you want to give an offender who has the life of a child
in his hands is you might as well kill the child because he's already got
the death penalty," Brook said. "This is a very stupid message."
(source: Durant Daily Democrat)
