US Supreme Court strikes down death penalty for child rapists

[Xiahou]

I thought this case was interesting and was surprised to see no one brought it up.

While the court ruling effectively ends the use of the death penalty for child rape, the court left open its use for crimes such as "treason, espionage, terrorism, and drug kingpin activity, which are offenses against the state," the ruling states. "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."

Let me start out by saying that I don't like the death penalty. I don't think that 'eye for an eye' is a good system of justice and that there is no particularly convincing evidence that the death penalty acts as a significant deterrent. However, I think the death penalty is within the authority of the state and can have it's place. As such, it should not be banned outright but it should be very limited in its application.

Having said all of that, I think this case was very poorly decided with little basis in anything other than the personal beliefs of the justices who supported the decision. None of them seem to argue that the death penalty in itself is a "cruel and unusual" punishment. What the court appears to be saying is that when, as they see it, the punishment is too severe for the crime a punishment that is normally acceptable somehow then becomes cruel and unusual- this makes no sense at all. If a punishment is cruel and unusual, then it is cruel and unusual all the time. When that punishment is handed out- whether for first, second, or third degree murder, child rape, or horse theft should be left up to the individual states and their elected legislatures to decide. By the court's reasoning, sticking bamboo shoots under your fingernails might not necessarily be cruel and unusual- just so long as the crime is heinous enough (in their view) to warrant it.

Personally, I don't really think that execution is appropriate for sex offenders- but me thinking that has no bearing on whether or not it's cruel and unusual. Thoughts?