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- Path: sparky!uunet!caen!kuhub.cc.ukans.edu!bryan
- From: bryan@kuhub.cc.ukans.edu
- Newsgroups: misc.legal
- Subject: Re: Rapists should not be executed
- Message-ID: <1992Nov23.135528.45053@kuhub.cc.ukans.edu>
- Date: 23 Nov 92 13:55:28 CST
- References: <24053@galaxy.ucr.edu>
- Organization: University of Kansas Academic Computing Services
- Lines: 33
-
- In article <24053@galaxy.ucr.edu>, judson@watserv.ucr.edu (Mike Judson) writes:
- > A rapist is usually after one thing, and that is to rape a woman
- > (or man). Then, if he gets caught, which is not very frequent since
- > many women chose not to testify, he will get a few years sentence
- > maximum. However, what if he were given a much harsher sentence, such
- > as life imprisonment or the death penalty? If rapists knew that they
- > may face the death penalty for such a crime, what would make them not
- > want to kill the only witness? The death penalty is only used in
- > murder convictions. Thus, if rape and murder are given the same
- > sentence, why would the rapist decide to not murder the victim? Thus,
- > For the protection of rape victims, rapists should not be given overly
- > harsh sentences.
-
- Well, it's an interesting notion, but what does it lead to? Assume we
- exclude the death penalty, but say that the punishment should be life
- in prison without parole. Won't the rapist then kill the victim to
- avoid this dire fate?
-
- I understand the arguement that if the penalty is the same for rape
- and murder that a rapist might as well commit murder to cover the
- rape, but don't you think that assumes that the rapist is acting
- rationally (i.e. in his own best interests)? And even based on that
- somewhat contradictory assumption, wouldn't the rapist observe (as you
- did) that many women won't testify (hence no reason to further
- complicate the deed by silencing someone who will be silent anyway)?
-
- I guess that your arguement makes me nervous in that I don't see where
- you're willing to draw the line. How severely should a rapist be
- punished? How severely should any criminal be punished, esp. if (as
- you suggest) the more severe the punishment, the more likely the
- criminal is to kill witnesses?
-
- -Bryan
-