$15 Million+ Hill-Finney "Child Rape" Bill Sure To Further Endanger Child Victims
It appears that TNGA "pro-lifers" Rep. Hill and Senator Finney are pushing a 2006 election year bill (if enacted) that will in the future further endanger --- if not end --- the young lives of child rape victims in Tennessee:
HB2924 by *Hill. (*SB2490 by *Finney.)
Sentencing - Elevates Class A felony offense of rape of a child to capital offense punishable by death, life without parole or life imprisonment and provides that sentencing be conducted using same procedure provided for offense of murder in the first degree. - Amends TCA Title 39, Chapter 13, Part 5.
Perhaps Hill and Finney could better serve the citizens of Tennessee by seeking much longer prison sentences for child rapists as it is more costly to pursue conviction for capital punishment cases, particularly given the fact the U.S. Supreme Court has not yet given any decision toward effecting capital punishment in child rape cases:
Additionally, it currently cost taxpayers about $2 million in legal fees to try a death penalty case, nearly 4 times higher than comparable murder trials, the automatic appeal process costs up to $700,000 in legal fees, and further burdens state taxpayers with approximately $1.2 million in execution costs. Furthermore, the State of Tennessee has only executed one capital case convicted murder since the U.S. Supreme Court reinstated the death penalty for capital cases in 1976.
While not necessarily slaking the politically-driven bloodlust of their revenge-seeking "conservative" GOP supporters, Hill and Finney would better serve the citizens of Tennessee by amending their current bill by instead seeking lifetime prison sentences for those convicted of child rape in Tennessee.
Limitations on Capital Punishment - Proportionality
Tennessee v. Godsey, 2001 Tenn. LEXIS 809 (11/29/2001) the Tennessee Supreme Court has found that capital punishment is disproportionate in a murder case despite conviction for child murder and child rape.
Tennessee Capital Case Information
HB2924 by *Hill. (*SB2490 by *Finney.)
Sentencing - Elevates Class A felony offense of rape of a child to capital offense punishable by death, life without parole or life imprisonment and provides that sentencing be conducted using same procedure provided for offense of murder in the first degree. - Amends TCA Title 39, Chapter 13, Part 5.
Perhaps Hill and Finney could better serve the citizens of Tennessee by seeking much longer prison sentences for child rapists as it is more costly to pursue conviction for capital punishment cases, particularly given the fact the U.S. Supreme Court has not yet given any decision toward effecting capital punishment in child rape cases:
South Carolina Bill To Expand Death Penalty Draws Criticism
A bill to expand South Carolina's capital punishment statute so that those who are convicted a second time of raping children under 11 are eligible for the death penalty has drawn criticism from those who worry the bill may result in unintended consequences. Fears that the legislation will lead to family members refusing to come forward regarding intra-family offenses and that it may also result in more rape victims being killed are among the chief concerns regarding the proposed legislation.
[...]
DPIC Executive Director Richard Dieter agreed, adding, "It may actually create more death because the person facing the death penalty for this kind of offense might be inclined to say, 'No greater punishment incurred if I kill the victim'."
[...]
The U.S. Supreme Court has ruled the death penalty can't be used in cases involving adult rapes, but it has not weighed in the issue of imposing the death penalty on those who commit child rapes. South Carolina Representative Fletcher Smith said that he believes the proposed [South Carolina] bill won't meet constitutional standards regarding the death penalty because a death is not involved.
(Associated Press, April 4, 2006)
Additionally, it currently cost taxpayers about $2 million in legal fees to try a death penalty case, nearly 4 times higher than comparable murder trials, the automatic appeal process costs up to $700,000 in legal fees, and further burdens state taxpayers with approximately $1.2 million in execution costs. Furthermore, the State of Tennessee has only executed one capital case convicted murder since the U.S. Supreme Court reinstated the death penalty for capital cases in 1976.
While not necessarily slaking the politically-driven bloodlust of their revenge-seeking "conservative" GOP supporters, Hill and Finney would better serve the citizens of Tennessee by amending their current bill by instead seeking lifetime prison sentences for those convicted of child rape in Tennessee.
Limitations on Capital Punishment - Proportionality
Tennessee v. Godsey, 2001 Tenn. LEXIS 809 (11/29/2001) the Tennessee Supreme Court has found that capital punishment is disproportionate in a murder case despite conviction for child murder and child rape.
Tennessee Capital Case Information
1 Comments:
This post is very interesting. The bill totally seemed like an election year stunt, because no one wants to to sound like they are defending a child molester. But if this bill creates more murder victims, then it is truly not the answer.
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