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FL making my day bright: Florida lawmakers pursue death penalty in child rapes Login/Join 
Oriental Redneck
Picture of 12131
posted
Not sure I've seen this posted. I've long advocated for death penalty for these pure evildoers, and I'm glad to see legislators with the gut to finally try to make it happen.

https://www.cbsnews.com/miami/...alty-in-child-rapes/

BY CBS MIAMI TEAM
APRIL 11, 2023 / 11:41 AM / CBS/NEWS SERVICE OF FLORIDA


TALLAHASSEE - In a move that likely would spur a constitutional fight, Florida lawmakers appear ready to pass a proposal that would allow the death penalty for people who commit sexual battery on children under age 12.

The House is scheduled Thursday to take up its version of the bill (HB 1297), while the Senate version (SB 1342) was approved Tuesday by the Rules Committee, positioning it to go to the full Senate.

The proposal comes after decades of U.S. Supreme Court and Florida Supreme Court rulings that have said it is unconstitutional to execute defendants in rape cases. A Senate staff analysis said nobody has been executed for a non-murder crime in the United States since 1964.

In a rebuke of the court precedents, the House and Senate bills say that a 1981 Florida Supreme Court case and a 2008 U.S. Supreme Court case were "wrongly decided," with the Senate version saying "such cases are an egregious infringement of the state's power to punish the most heinous of crimes."

Senate bill sponsor Jonathan Martin, a Fort Myers Republican who is a former prosecutor, said the bill would create needed "constitutional boundaries by providing a sentencing procedure for those heinous crimes" that would be similar to death-penalty laws for murder.

"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 his bill.

Aaron Wayt, who represented the Florida Association of Criminal Defense Lawyers at Tuesday's meeting, said people want "vengeance" when children are victims of sexual battery, but he pointed to U.S. Supreme Court precedent on the issue.

"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."

But Senate Minority Leader Lauren Book, a Plantation Democrat who was sexually abused as a child, said "there is no statute of limitations" on the suffering of victims.

"This is a life sentence that is handed down to young children," Book said. "We're talking about the youngest of the young in this bill. I was one of those kids. I still to this day at ... 38 years old deal with the very, very real lasting effects of this crime. It never goes away. Sometimes you close your eyes and you see it. I don't get a chance to make it stop."

Under the bills, defendants could receive death sentences based on the recommendations of at least eight of 12 jurors. Judges would have discretion to impose the death penalty or sentence defendants to life in prison. If fewer than eight jurors recommend death, defendants would receive life sentences.

Currently, unanimous jury recommendations are required before judges can impose the death penalty in murder cases. But lawmakers also are poised to change that requirement to allow death sentences after recommendations from eight of 12 jurors. The Senate has already passed such a change, and the House will take it up Thursday.

At least in part, the Republican-controlled Legislature has been emboldened by conservative shifts in recent years on the Florida Supreme Court and the U.S. Supreme Court.

In 2020, for example, the Florida Supreme Court ruled that unanimous jury recommendations were not needed to sentence defendants to death in murder cases. That reversed a 2016 ruling that required unanimity.


Q






 
Posts: 26512 | Location: TEXAS | Registered: September 04, 2008Reply With QuoteReport This Post
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But what about the Minor Attracted Persons?


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Posts: 12745 | Registered: January 17, 2011Reply With QuoteReport This Post
Oriental Redneck
Picture of 12131
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quote:
Originally posted by wcb6092:
But what about the Minor Attracted Persons?


Here is MAP price.



Q






 
Posts: 26512 | Location: TEXAS | Registered: September 04, 2008Reply With QuoteReport This Post
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^^^^^^^^^^^^^^^^^^^^^^^^

Well as long as we don't stigmatize them by calling them pedophiles, this will be OK.


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Posts: 12745 | Registered: January 17, 2011Reply With QuoteReport This Post
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This is huge! Defense lawyers will argue that these people are mentally ill and shouldn't be executed. Then the public can say: See! They are mentally ill!

If we call it what it is, then maybe we can prevent some of the crimes from even happening by treating mental illness.
 
Posts: 680 | Location: Crestview Florida | Registered: July 23, 2008Reply With QuoteReport This Post
Competent When Sober
Picture of Mad Max
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Texas tried this a few years back. However if I remember correctly, the US Supreme Court struck down the statute.




Oliver Wendell Holmes - "The young man knows the rules, but the old man knows the exceptions."

 
Posts: 1903 | Location: San Antonio, Texas | Registered: July 24, 2001Reply With QuoteReport This Post
Down the Rabbit Hole
Picture of Jupiter
posted Hide Post
quote:
Originally posted by 12131:
Not sure I've seen this posted. I've long advocated for death penalty for these pure evildoers, and I'm glad to see legislators with the gut to finally try to make it happen.


This proposed new law will not go over well within the transgender community. Wink


Diligentia, Vis, Celeritas

"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."
-- George Orwell

 
Posts: 4836 | Location: North Mississippi | Registered: August 09, 2002Reply With QuoteReport This Post
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That was the law in Florida for decades until it was changed in 2017, so all they are doing is changing it back.

The SCOTUS decided in 2008 in Kennedy v. Louisiana that the Eighth Amendment prohibits the death penalty in cases where the victim did not die (Kennedy was convicted or raping an eight year old girl), so this is probably intended to set up a challenge to Kennedy which was a 5-4 decision that both Obama and McCain, who were running for office, criticized. Part of the rationale for Kennedy was that very few states imposed the death penalty for raping a child so the "national consensus" was that it was an inappropriate punishment. The more states that adopt these laws the more likely they are to survive a challenge, even under Kennedy's legally-incorrect "national consensus" standard.
 
Posts: 996 | Location: Tampa | Registered: July 27, 2010Reply With QuoteReport This Post
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Picture of Mr. Peteroniman
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burn them mutha fuckers at the stake, then piss on the ashes


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All his life he tried to be a good person. Many times, however, he failed.
For after all, he was only human. He wasn't a dog.”
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Posts: 2017 | Location: Florida Panhandle | Registered: June 25, 2012Reply With QuoteReport This Post
Wait, what?
Picture of gearhounds
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When the time comes, we will get to see the truly evil people that defend them. Most likely democRAT leaders if history is any precedent.




“Remember to get vaccinated or a vaccinated person might get sick from a virus they got vaccinated against because you’re not vaccinated.” - author unknown
 
Posts: 15632 | Location: Martinsburg WV | Registered: April 02, 2011Reply With QuoteReport This Post
I Am The Walrus
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quote:
"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."


Simple solution for it being costly. Once found guilty, the criminal has 1 appeal and the decision on the appeal has to be made within 3 months of original conviction.

It's not about vengeance, it's about prevention and justice.

Stop clogging up our justice system with worthless shit.

Hang these sick fucks and keep using the same rope so the taxpayers don't have to keep paying for new ropes.

There is not rehabilitating child rapists. They're so sick in the head there's no fixing them.


_____________

 
Posts: 13148 | Registered: March 12, 2005Reply With QuoteReport This Post
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I was just about to ask, how can Florida afford it ?

As long as I can remember " it's too expensive"
Has been the answer.

Did Florida find a loop hole or something.

And if it is too expensive for the other states just start a Go Fund Me ,
For crying out loud.

Iam sure we could get more than enough money to clean out the system .

I don't believe in direct billing ' but I'd set up an account tomorrow they could just pull $25.00 out every month.





Safety, Situational Awareness and proficiency.



Neck Ties, Hats and ammo brass, Never ,ever touch'em w/o asking first
 
Posts: 54713 | Location: Henry County , Il | Registered: February 10, 2004Reply With QuoteReport This Post
The Ice Cream Man
posted Hide Post
SC tried it a few years ago, too.

Honestly, I’m split on mentally ill vs death penalty vs life in prison.

Juries get very angry, and kids don’t make great witnesses - no one really does - and almost every child rapist was also raped as a child.

That it’s a psychosis which is “infectious” in a way, makes it vital to isolate them from society.

Every instinct is “burn them at the stake”….

It needs to carry a life w.o. Parole sentence, at the least.

So should anything connected to child porn etc.
 
Posts: 5748 | Location: Republic of Ice Cream, Miami Beach, FL | Registered: May 24, 2007Reply With QuoteReport This Post
No More
Mr. Nice Guy
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A major problem today is lack of harsh punishment. Too many times we hear about child rapists getting little to no prison time when convicted. And too many times the perps are not prosecuted. Long jail sentences would prevent future victims. The death penalty would be even better for that, and I do believe it is a deterrent to at least some potential perpetrators.

While many child rapists were themselves victimized, not all victims become perpetrators. So I am not inclined to feel very sorry for the perps.

Every prevented future sex crime against a child is a life saved.
 
Posts: 9483 | Location: On the mountain off the grid | Registered: February 25, 2002Reply With QuoteReport This Post
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Picture of 229DAK
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quote:
Originally posted by Mr. Peteroniman:
burn them mutha fuckers at the stake, then piss on the ashes
Once the ashes are stone cold.


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“A man’s treatment of a dog is no indication of the man’s nature, but his treatment of a cat is. It is the crucial test. None but the humane treat a cat well.”
-- Mark Twain, 1902
 
Posts: 9058 | Location: Northern Virginia | Registered: November 04, 2005Reply With QuoteReport This Post
His Royal Hiney
Picture of Rey HRH
posted Hide Post
I'll support the death penalty for raping children under 12 but I balk at the "sexual battery" part; it seems too broad a range and subject to misinterpretation / misapplication.



"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
 
Posts: 19721 | Location: The Free State of Arizona - Ditat Deus | Registered: March 24, 2011Reply With QuoteReport This Post
Dances With
Tornados
posted Hide Post
This story is current, only a few days old.

Come on Nebraska, fry the son of a bitch. 25 years old, got the State Trooper job, people like that need to be held to a higher standard. They know better, they enforce the laws. He's not done yet, there are still charges pending unsentenced.


"Former Nebraska State Trooper sentenced for child pornography
The former trooper was also sentenced previously for the sexual assault of a minor

SCOTTSBLUFF, Neb. (WOWT) - The former Nebraska State Trooper who was recently sentenced to decades in prison for sexual assault has also been sentenced for child pornography and other charges.

According to the Nebraska Attorney General’s Office, 25-year-old Brandon Dolezal was sentenced Monday in Scottsbluff County Court on two counts of attempted enticement and four counts of child pornography.

Because his sentences are consecutive, Dolezal will serve a combined 60-96 years.

Dolezal is still facing other charges in Douglas County, including six counts of first-degree sexual assault of a child. A pretrial hearing for the sexual assault case is scheduled for April 13."

[URL=Former Nebraska State Trooper sentenced for child pornography The former trooper was also sentenced previously for the sexual assault of a minor]LINK TO STORY[/URL] Sorry I can't get the link to work properly, you can easily Google and find this and other articles about him and his crime.
.
 
Posts: 11865 | Registered: October 26, 2009Reply With QuoteReport This Post
Made from a
different mold
Picture of mutedblade
posted Hide Post
quote:
Originally posted by Aglifter:
and almost every child rapist was also raped as a child.


We need a system that breaks the cycle and this might just be it. It wasn't right when the child was raped but it also doesn't give that person an excuse as an adult for doing the same to some other kid.


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Posts: 2836 | Location: Lake Anna, VA | Registered: May 07, 2012Reply With QuoteReport This Post
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Bottom line is it will never pass the final muster... just a bunch of politicians getting their names in the paper...

I'm still confused by the issue that states can't get the drugs to do lethal injections... when every veterinarian in the country can get them... why not just call a vet. and borrow some?


My Native American Name:
"Runs with Scissors"
 
Posts: 4441 | Location: Greenville, SC | Registered: January 30, 2017Reply With QuoteReport This Post
Ammoholic
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Hopefully if this happens they actual execute people. California has the death penalty on the books but lacks the stones to use it. All that the CA death penalty does is waste tons of money on legal fees. The CA taxpayer would be orders of magnitude better of if they’d either finish the job after someone is convicted and sentenced or do away with the death penalty and replace it with life without any chance of parole. Nah, that would make far too much sense. Sigh…
 
Posts: 6926 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
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