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Obama's Sista Soulah moments
The Field Negro | Posted June 26, 2008 4:22 PM"I have said repeatedly that I think that the death penalty should be applied in very narrow circumstances for the most egregious of crimes," Obama said at a news conference. "I think that the rape of a small child, 6 or 8 years old, is a heinous crime and if a state makes a decision that under narrow, limited, well-defined circumstances the death penalty is at least potentially applicable, that that does not violate our Constitution."
"O" man WTF? File this post under might piss Obamaholics off. But you addicts need to know that your boy is seriously starting to piss me off as well. I mean honest to god, why do I feel like I am being subjected to the Chinese water torture technique every time I listen to the "O" man lately? His FISA vote. Drip. His theocratic tilt. Drip. His going Sista Souljah on Father's Day. Drip. His [non]-universal health care plan. Drip. Paying off the Ice Queen's debt. Drip. And now this latest little gem. "O" man tell me you are not agreeing with Thomas, Scalia, and the other supremes in the minority on this death penalty decision?
Look folks, I know that the "O" man has his own mind, and we aren't going to agree on everything. Lord knows I don't necessarily want him to go along with the liberal orthodoxy. But lately it just seems like he is messing with the shit that I really care about. Things like civil liberties, and keeping the church and our state separated.
I will confess, I am against the death penalty, period. No ifs and buts, no compromise. Maybe it's because I can't get the images of those "strange fruits" hanging from trees back in the day out of my mind (That was a form of sanctioned community killing wasn't it?). But no civilized society should put another one of its citizens to death. I don't give a f**k what he does. It's that simple with me. Throw in the inequities in the justice system, and all the other factors that come along with human nature, and putting someone to death for a crime that we have determined that he committed, just doesn't always pass the smell test.
So now we want to allow states to be able to execute child rapist? --Yeah we all know what a credible witness that little eight year old can be don't we?. Now I must confess that I think if we are going to legally kill someone that would be as good a reason as any to do it. And if an accused can get the death penalty for being involved in a robbery where someone is killed but he didn't actually pull the trigger, why not, you ask, snuff out the son of a bitch that raped the child? That's a fair point, but I wouldn't kill the child rapist or the co-felon in that hypothetical robbery. Because in Fieldville there would be no death penalty. I mean think about it folks. R Kelly could have been looking at the electric chair. No tracks from prison for you Kells. Let me stop.
I am just disappointed in the "O" man that's all. Capital punishment for a crime other than murder? Slippery slope, slippery slope. I guarantee you that it was just a matter of time before one of these fifty states sanctioned the death penalty for killing a beloved pet..... I know he is a former constitutional law professor and he felt like he had to weigh in on this one. But honestly, he should have just punted. The five justices got it right, the four in the minority got it wrong. What Louisiana was trying to do was to sanction a cruel and unusual punishment for a crime that the punishment did not fit. If that wasn't a violation of the eight amendment they might as well throw it out. Sorry "O" man, if I was in your Con. Law class you would have flunked me.
"We conclude that, in determining whether the death penalty is excessive, there is a distinction between intentional first-degree murder on the one hand and nonhomicide crimes against individual persons, even including child rape, on the other,"
I concur Justice Kennedy. And If he is elected, let's just hope that one very prominent dissenter picks Justices like you.
Wain Bennett is a practicing attorney in Philadelphia who blogs at The Field Negro.
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2008-06-26 17:13:01
2008-06-27 01:42:54
I am beginning to question your being an attorney.
Forensic evidence testifies for children, forensic evidence such as DNA evidence. Technological advances in evidentiary collections is now so advanced, verbal testimony is close to being meaningless, least for criminal cases unless, of course, you are O.J. Simpson or Robert Blake or Phil Spector. However, those men and others like them did not escape justice because of a lack of evidence rather because lawyers are excellent liars.
Contrasting your liberal bleeding heart viewpoints, I am a strong supporter of capital punishment, would have executions more immediate and would expand capital punishment to include a wide range of crimes. Rape of a child, rape of a woman, rape of a man, mayhem, torture, arson resulting in injury and many other crimes. All should carry the death penalty.
This court case is about an eight year old girl, a victim of rape. How quickly people like you dismiss how this child will be traumatized for life. She will never forget, she will forever suffer mental and emotional anguish. Her rape will continue for her lifetime. This is a fate much worse than death; hers is a lifetime of torture.
Killing this man who raped her is an act of mercy compared to what this girl will suffer for life. Are we so calloused to victims of horrific crime to not seek just retribution?
There is a big ugly fly in your logic ointment.
This case is settled on a premise a death must occur before a person can be executed. What about treason? An act of treason, which does not need to involve the death of another or others, is punishable by death.
Our Justices have ruled, "The well being of the individual is less valuable than the well being of the state."
A man can rape a child, then live out a comfortable life in prison but by golly, if you engage in treason, we will kill you.
Today's court decision is rancid hypocrisy and well exemplifies lawyers, judges and justices typically disfavor the victim and favor the criminal. Today's decision is to legislate moral values rather than legislate justice.
Okpulot Taha
Choctaw Nation
2008-06-29 12:13:26
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