From article
Florida lawmakers are poised to pass a measure that would permit the death penalty for pedophiles who sexually assault children under 12 years old, a move that will likely trigger legal challenges and questions about its constitutionality.
The House will consider its version of the bill (HB 1297) on Thursday, while the Senate version (SB 1342) was cleared by the Rules Committee on Tuesday, paving the way for it to be presented to the full Senate.
The proposed legislation goes against decades of U.S. Supreme Court and Florida Supreme Court rulings that have prohibited the execution of defendants in rape and sexual abuse cases. According to a Senate staff analysis, the last time someone was put to death for a non-murder offense in the United States was in 1964.
In a rebuke of legal precedent, the House and Senate bills argue that a 1981 Florida Supreme Court case and a 2008 U.S. Supreme Court case were “wrongly decided,” with the Senate version declaring said cases represent an “egregious infringement of the states’ power to punish the most heinous of crimes.”
Jonathan Martin, a former prosecutor turned Republican state senator who is sponsoring the bill, said the legislation would allow for “constitutional boundaries by providing a sentencing procedure for those heinous crimes.”
“If an individual rapes an 11-year-old, a 10-year-old, a 2-year-old or a 5-year-old, they should be subject to the death penalty,” Martin said Tuesday after the Rules Committee approved the bill.
The legislation inevitably has drawn criticism, with Aaron Wyat of the Florida Association of Criminal Defense Lawyers pointing out that although people want “vengeance” against pedophiles, the death penalty would represent an overturning of decades of legal precedent.
“This bill invites a longer, costlier (legal) process for the victim and their family that they will endure,” Wayt said. “While this crime, anyone convicted of it is vile, heinous, the Constitution itself, the case law, the Supreme Court demands a maximum of life in prison. And so while it’s not the vengeance we all want, it’s the justice that the Constitution demands.”
Slate magazine, meanwhile, similarly argued that a “sentence of life without parole is a harsh and severe punishment,” even for those convicted of child abuse.
“Instead of spending millions of dollars to possibly change long-standing precedent, Florida’s resources are much better spent trying to protect our children from the abuse in the first place and ensuring survivors have access to mental health treatment and the proper support following the offense,” the magazine wrote in an editorial.
However, the bill has even drawn support from some Democrats. Senate Minority Leader Lauren Book, a Plantation Democrat who was sexually abused as a minor and has since founded the advocacy organization Lauren’s Kids, made the case that “there is no statute of limitations” for the victims of this kind of abuse.
“There’s no statute of limitations that a victim suffers. This is a life sentence that is handed down to young children,” Book said. “I still deal with the very real lasting effects of this crime. It never goes away,” she said, adding, “I don’t get a chance to make it stop.”
Under the proposed legislation, the death penalty may only be imposed if eight out of 12 jurors recommend it. While defendants may face a death sentence, judges will also have the opportunity to choose between the death penalty or life imprisonment. If fewer than eight jurors support capital punishment, then the punishment will be life imprisonment.
In murder cases, judges can only currently impose the death penalty if the jury’s recommendation is unanimous. However, lawmakers may alter this requirement to allow death sentences after the approval of eight of 12 jurors. The Senate has already passed this change, and the House will debate it on Thursday.
Republicans, who now hold supermajorities in both chambers, may have been encouraged by the appointment of more originalist judges in the Florida Supreme Court and the U.S. Supreme Court. In 2020, the Florida Supreme Court declared that unanimity in jury recommendations was not necessary for imposing the death penalty in murder cases, overturning the 2016 ruling that required unanimity.
Gov. Ron DeSantis is widely expected to sign off on this legislation, having previously signaled his support for expanding the death penalty to a wider range of crimes. “I believe the only appropriate punishment that would be commensurate to that would be capital,” he said of sex predators back in January. “Everyone feels that way when you see this.”
I believe in the death penalty, I just have one caveat. Society better be 100% sure about the person's guilt before they flip that switch. We don't need innocent people being victimized yet again, and in the worst way.
Society cannot be 100% sure of anything. And with an unquestionable pedophile charge, we create a nice way to eliminate politically inconvenient people. Just frame them with some kiddie porn on their computer and let the State take them out.
That's why, as horrible as it it, mere possession of the material shouldn't be a prison offense. It should be mandatory institutionalization. Production, of course, should result in a historical exhibition on the methods of the Spanish Inquisition.
Probably true, but no one is going to make an argument like that without people calling them pedophiles themselves. It's essentially a political death sentence.
But absolutely, even if you're caught possessing it, you should be mandated to be part of a psychiatric evaluation that can move one of several directions.
Honestly, over-use of porn has just caused people to seek out more and more taboo shit because it's different and they're under-sexed (and probably not a part of a loving relationship).
It's possible that a lot of these cases specifically could be resolved with a good mental health program.
But isn't that the rub, the problem? We have all these mental health issues cropping up, and no institutions or systems in place to afford proper care. We stigmatize and attack people who even SEEK proper care too, so the problem only worsens.
And then for those who do offend and abuse a child, our government / politicians / media treat them with kids gloves depending on whether they are right wing or left wing instead of using cruel and unusual punishment to make an example of them.
Invariably you're going to have a lot of abnormals in society. This cannot be disputed, nor easily fixed.
But a message needs to be sent to pedophiles: Get help before you actually abuse a child or fear even the thought of interacting with a child because you'll be marched to the torture chamber for some cruel and unusual justice.
And of course, producers should be given a fair trial and a fair punishment.
It's just that the fair punishment should be so cruel and unusual that it would violate all former conventional human rights agreements.
I know I know, I'm probably breaking several rules by saying how I really feel about pedophiles and the producers of that kind of porn, but this is one subject that I am extremely and vocally emotional about. I firmly believe in protecting the safety and innocence of children and it is one of my primary motivating factors for staying informed.
Shaved heads, tar and feathered, then tortured to death with a blow torch over 10 hours. Seems reasonable to me.
This is probably the key reason why I can't really support giving out the death penalty for pedos and rapists at this point in time.
I know that GAW gets a massive boner and gets very high as a kite whenever the topic of punishing pedos comes up. However, I have to ask you all this question: do you all honestly trust the current "justice system" in handling this hot button issue of death penalty to pedos and rapists with care and NOT ABUSE IT TO KILL EVERY SINGLE ONE OF THEIR MASTERS' POLITICAL OPPONENTS AND OTHER GROUPS THEY DISLIKE, LIKE GREATAWAKENING(DOT)WIN FOR EXAMPLE?!
One does not need to look into ancient history to see how this is potentially a disaster in the hands of a unjust system. Look at Johnny Depp vs Amber Heard, and see how much pain Depp has to go through to get a non-guilty ruling. Look at Donald Trump and this tyrannical injustice we are suffering through. If you think that, after seeing all of that and a ton more, that giving the current abomination of a justice system a license to kill whomever their pedo-masters want to see dead with ease is still a good idea, then start weaving that noose the tyrants will hang you with.
The current "justice" system has control of everything and shoved our common law out of OUR courts. Because the people don't know this and much more this will continue.
One of the founders said it’s better to let 100 guilty men go free than 1 innocent man be guilty.
If the belief is that they're guilty, why would you stop at castration? That's not even going far enough. You don't need to "feel sexual attraction" to commit these sorts of crimes.... and there would be many of them who would commit them regardless.
The sexual attraction is in the brain; the genitals are the tool used. It's a real sickness.
Just put them in general population and cut down on all the legal expense and time. Jailhouse Justice is swift for those who rape little children.
Used to be you'd get hanged or shot for any felony. Murder? Hanged. Steal a horse? Hanged. Rape? Hanged.
I think it is very risky to put the power to kill someone convicted of a crime in the hands of the state. Instead, I prefer this solution: a convicted felon is put in an empty room for one day, shackled hand and foot. His victim and their family are given the door key. After that day, he is taken either to prison or the morgue.
This is genius.
It does require us to clear out a lot of the felony laws, though. My state has more than 200 offenses listed as felonious, and most of them are not violent or property crime.
The answer is common law, our rightful justice system.
Of course, any offense that has no victim, should be a fine, not a crime. The fact that we jail victimless crimes is beyond ridiculous. Happened to me about a half dozen times, I refuse to follow laws that don't make any sense.
Just make sure the facts are correct. Physical contact with victim. We can't let it turn into witch-burning where all it took was one person saying they saw or heard something suspicious to have someone strung up in the town square. And if there was a physical attack of any sexual nature, I think nut-removal is a good solution. Is it? Anyone actually know if a castrated male still carries out aggressive acts? If no erection is possible?
"Sex" can still be fulfilling for people who have lost their junk or can't get it up, through different methods. Having the bits or not having the bits won't make that difference. Keeping them off the streets (or planet) would.
I still don't think it's wrong to use these sorts of people to advance science, e.g. as guinea pigs for space.
"... a move that will likely trigger legal challenges and questions about its constitutionality."
As well it should. Can't anyone see the dangerous predcedent this would set? Imagine a future leftist government decreeing the death penalty for gun ownership!
Behave like an animal, get put down.
I never liked the death penalty.. costs more usually since they get to appeal all the way.. I also don’t like the odds we get an innocent person. The courts are rigged, Andy we’ve seen it time and again. Why wouldn’t they be rigged when it comes to trials that have the death penalty. Life in prison is fine.. never let them out.
Can we find a cheap way to accomplish this? Lethal Injection is costly!
Personally, the pecking order method might be the best option... (hat tip to CommiesGetTheRope!) https://communities.win/c/GreatAwakening/p/16amrWYOlX/florida-lawmakers-move-foward-wi/c/4TsZzhCt1Fh
‘Why do they want to genocide us?’
This is not vengeance. Pedophiles are not salvageable by man. Their problems can only be rectified by a miracle from God. These people should never be allowed to be free after committing such crimes.
About time