Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Court Won't Reconsider Ban on Execution for Child Rape

Proponents of the execution of child rapists were disappointed with the Supreme Court’s refusal to reconsider the ban. They presented evidence to the Court showing that under military law, a child rapist could be put to death. Justice Scalia commented that the Eighth Amendment prohibition of cruel and unusual punishment renders capital punishment unacceptable is nonsense. “[T]he proposed Eighth Amendment would have been laughed to scorn if it had read 'no criminal penalty shall be imposed which the Supreme Court deems unacceptable.' "



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