Facts Prove False in Death Penalty Consideration
By: Tommy Elder, Jr.
United States Supreme Court Associate Justice Anothy M. Kennedy erred when he said ``that capital punishment for child rape was contrary to evolving standards of decency`` according to Linda Greenhouse of the New York Times. The High Court applies this standard in its determination of how the Death Penalty functions in the nation.
In 2006, the United States Congress revamped the Sex Crime Portion of the Uniform Code of Military Justice to include Child Rape as a crime punishable by the Death Penalty. The change that placed Child Rape as a capital crime came within the National Defense Authorization Act. President Bush also proclaimed Executive Order 13447, that added Child Rape as a death eligible offense into the 2008 Edition of the Manual for Courts Martials.
While researching case law- Jeffrey L. Fisher, a professor of law at Standford University stated that while reviewing possible precedents- they only located an old section that made rape a ``capital offense.`` This provision came before contemporary courts` Death Penalty rulings where Capital Punishment for the rape of an adult woman stood as unconstitutional.
Currently, the military has not charged an individual with a Capital Crime under this statue. In addition, the military`s last execution occured on April 13, 1961- when Private John A. Bennett went to his death through the hanging process for raping an eleven year old female.
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