Lets address some of Justice Kennedy's reasoning here:
"After reviewing the authorities informed by contemporary norms, including the history of the death penalty for this and other nonhomicide crimes, current state statutes and new enactments, and the number of executions since 1964, we conclude there is a national consensus against capital punishment for the crime of rape."
By who, numbnuts? Did they actually poll the rapists to get these numbers?
"We cannot dismiss the years of long anguish that must be endured by the victim of child rape. It does not follow though, that capital punishment is a proportionate penalty for the crime."
The rape of a child, often by a person in a position of high trust or fidelty, has effectively "killed" that child. The child that was raped is gone, replaced by a doppleganger that will forever have a rift in their soul, never able to fully trust or love another human the way they were intended to do.
"The constitutional prohibition against excessive or cruel and unusual punishments mandates that the State's power to punish be exercised within the limits of civilized standards."
"Rapists's Rights Bill 001". Pure and simple. The puishment should fit the crime. I read the above statement as follows: "We really need to worry more about what other countries and people think of us, rather than protecting our own most ****ing innocent , helpless, defenseless citizens"
"Our concern here is limited to crimes against individual persons. We do not address, for example, crimes defining and punishing treason, espionage, terrorism and drug kingpin activity, which are offenses against the state. As it relates to crimes against individuals, though, the death penalty should not be expanded to instances where the victim's life was not taken."
Once again, I hold that the person who was raped is effectively dead, so shut the **** up, Kennedy.
"By, in effect, making the punishment for child rape and murder equivalent, a state that punishes child rape by death may remove a strong incentive for the rapist not to kill the victim."
This is possibly the most assinine thing to fly out of his dirty liberal pie hole. Lets look at it like this assclown; "Their is a 0% rate of recidivism for those who have recieved the death penalty". Look, an absolute, just like China was looking for the other day!
"Society's desire to inflict the death penalty for child rape by enlisting the child victim to assist it over the course of years in asking for capital punishment forces a moral choice on the child, who is not of mature age to make that choice."
Choice? Choice, you inhuman sewage spewer? Were they of a ****ing mature age to have a choice when they were raped sodomized, and beaten? The girl who was raped in this case was brutalized so badly she had to have surgery to live! An eight year old girl who was raped so brutally, that the back wall of her vagina was torn and her rectum was protruding into her vagina through the tear???!!! Please get off the bench, come down here, where the normal people are, and have a look around will ya?
"With respect to deterrence, if the death penalty adds to the risk of non-reporting, that too diminishes the penalty's objectives."
Because without the death penalty involved, child rapists are lining up at police stations around the country to turn themselves in, right? ****ing idiot.