I think that prison rape is secretly viewed by government as a deterrent of bad behavior, much as hell was when everyone was a believer. "Obey the law or we'll throw you in jail to be buggered by n*ggers" certainly has kept ME on the straight and narrow for 50 years.
Posted by Robert at July 7, 2012 6:20 AMWhen I saw the "Toss my Salad" guy on a HBO special on prisons, I don't even speed anymore. Look up the "Toss my Salad" guy on youtube. You owe him a fav, you pay back by... never mind, it was enough to make me into Johnny Obey the Law!
Another thing, V is correct, you went to the chair for rape, when did that change? Serial Rapers need to be put down. Who needs to rape anyway, most women throw it around these days.
Posted by JohnB at July 7, 2012 7:51 AMhttp://www.youtube.com/watch?v=53jUz5Ed0ZA
the link
Posted by JohnB at July 7, 2012 7:53 AMJohn B,
The Supreme Court abolished the death pealty for rape in Coker v. Georgia back in 1977 on Eighth Amendment grounds.
Lest ye think this liberal nonsense, the opinion was written by Whizzer White, who was a noted hardass when he wanted to be. Nine years later, he wrote for the majority in Hardwick v. Bowers (best case name EVER), letting Georgia continue to criminalize consensual homosexery. That stood until cooler heads prevailed in Lawrence v. Texas.
Coker specifically abolished the chair for the rape of "an adult woman" where death doesn't result. This prodded Louisiana to get too cute by half and sentenced a cat to death for kid-fucking. The Court put the kibosh on that with Kennedy v. Louisiana in 2008.
Posted by skippystalin at July 7, 2012 11:31 AMI should have included this in my last comment, but I'm getting forgetful in my advancing years.
By the time Coker was decided, Georgia was the only state that still had the death penalty for the rape of an adult.
Getting rid of those laws had a lot to do with the way they were abused in the Jim Crow South. If you were a black cat that raped a white woman, it was virtually guaranteed that you'd be executed. But if a white dude force-fucked a black chick, there were better than even odds that his town would throw the raper a parade.
As you might expect, the states knew that this wouldn't pass constitutional muster for long in the post-civil rights era, so they changed their laws before the federal courts could do it for them.
If you're pissed about capital punishment not being meted out this way anymore, you can chalk it up to being yet another thing that was fucked up by segregation.
Posted by skippystalin at July 7, 2012 11:51 AMC'mon, Skippy. You're smarter than that. Your idea of a Jim Crow South is informed by fantasy pieces like Mockingbird, Trouble In July, and Intruder In The Dust. My father was a criminal trial lawyer during the fifties and sixties. White women crying rape by a black man were considered attention-seeking sluts. The system tended to disbelieve them because they always turned out to be common whores. And white men simply did not rape black women. Mostly because white rapers preferred to rape white women.
The sexual revolution deinstitutionalized sexual congress, and shed its Victorian penumbra. That's why rape became a garden-variety felony as opposed to a capital offense. It just became less of an outrage. As to black on white rape as opposed to white on black rape, I would modestly put the percentages at 95 to 5. Being too bored with the topic to peruse the FBI Uniform Crime Statistics, I'll spitball with that.
In my advancing years, my best guess would be that Mr. Skippy was born and raised somewhere in the northeast, knows nothing about the South except what he saw from the window while driving to Florida and what Hollywood told him.
He's also superior to any Southerner as result of his birthplace and education.
Posted by Rocky at July 7, 2012 2:26 PMSkippy is remembering Harper Lee's, To Kill a Mockingbird. Lee was a dramatic fictionalist trying to make some money; and a liberal! My parents even had an argument over the damn book-in 1962!
Posted by Mockingbird at July 7, 2012 6:09 PMByron White in some ways was the John Roberts of his era. No real principles. His work is a mish-mash.
The Court decided, on its own, that the death penalty was unconstitutional. The Justices were dismayed when 37 states promptly passed new death penalty laws. So the Court began reining in the death penalty bit by bit: no death penalty for a rapist; no death penalty for a minor; no death penalty for the retarded. Rather the way conservative legislatures attempt to restrict abortion.
The death penalty always was a part of our jurisprudence. The Fifth Amendment specifically contemplates it, insisting merely that "due process" be observed before one is deprived of his life. Just so.
The rise in crime rates beginning in the early 1960s correlates exactly with the abolition of the death penalty by various states. When retribution is delayed, the deterrent effect is lost.
Posted by Jack Straw at July 8, 2012 10:07 AMI'm glad someone else pointed that shit out to SS. My wit is to short and rusty to duel with a superior Northerner (Maybe even foreigner) on the subject of racial injustice. Not that the color of one's skin should make any difference to taking unauthorized pussy. Why are the feminazi's not more upset about that I'll never know.
So if a Cracker/Nigger/Spic or Chink are rapers just see the picture on your homepage.
Thanks for addressing this topic. I have linked you here: http://bobagard.blogspot.com/2012/07/allowing-men-to-be-serially-sodomized.html
Posted by Bob Agard at July 12, 2012 12:35 PMGood post. Thanks for sharing post!
Posted by essay writing at July 13, 2012 11:16 AMJack,
First, I think that you're confusing Coker v. Georgia, which abolished the death penalty for rape in 1977 with Furhman v. Georgia, which did away with it entirely in '72.
In Furhman, the Court didn't decide that the death penalty was unconstitutional. It ruled that it's application was arbitrary to the extent that it rubbed up unconfortably against the "unusual" clause of the Eighth Amendment. That's the part of the opinion that Justice White concurred with.
Had the Court ruled the penalty itself unconstititional, the states would have had no legislative remedy. Once the states and Congress legislated specific sentencing guidlines, the Court affirmed them, 7-2, including the traditionally "liberal" justices. Just sayin'.
Also, rape was part of a grouping of cases decided by Furhman. After the new state laws were affirmed in Gregg v. Georgia (and, Christ, but it's odd how all of these cases involve Georgia somehow) the Court affirmed the rape sentencing in Furhman in Coker.
I will grant you one thing, you're right when you say that "The rise in crime rates beginning in the early 1960s correlates exactly with the abolition of the death penalty by various states" but wrong in your intrepretation.
"Indeed, 10 of the 12 states without capital punishment have homicide rates below the national average, Federal Bureau of Investigation data shows, while half the states with the death penalty have homicide rates above the national average. In a state-by-state analysis, The Times found that during the last 20 years, the homicide rate in states with the death penalty has been 48 percent to 101 percent higher than in states without the death penalty"
http://www.nytimes.com/2000/09/22/us/absence-executions-special-report-states-with-no-death-penalty-share-lower.html?pagewanted=all&src=pm
Of course, that's not to suggest that I think that capital punishment is wrong, just that your facts are.
Not only are your facts wrong among the states in regards to the death penalty and crime rates, they're wrong internationally.
The United States is the only western democracy that administers it regularly. India, South Korea, Japan and Taiwan also, but very sparingly.
Does all of Europe, Canada, Australia and New Zealand have higher per-capita violent crime rates than the U.S does? Actually, no they don't. None of them come anywhere close, despite having similar socio-economic status.
As of last year, the U.S is fourth in its application of the death penalty, behind China, Iran, Saudi Arabia and Iraq; but ahead of Yemen, North Korea, Somalia, Sudan, Bangladesh and Vietnam. The next nearest "democracy" in terms of executions is Taiwan at #14. Singapore comes in at 15.
I support the death penalty (although not in my country for complicated constitutional reasons involving double jeopardy) for certain crimes, but I support it because those crimes are just so heinous that they deserve it.
In those cases, I believe in a punishment model, which works 100% of the time; as opposed to a deterrence model, which the numbers show doesn't work at all.
What I don't do is build a counter-factual construct to support what I already believe, which Americans are increasingly inclined to do.
Posted by skippystalin at July 14, 2012 1:45 AMBad memories... a kid 18-20 who worked for me went to the state pen for fondling. Was he guilty? Probably, but still, his mother was an idiot, and he was barely represented at trial. They hit him with eight years. Did I mention that he was good looking? Never made it to the end of his sentence. Died of AIDS.
Posted by Casca at July 19, 2012 6:16 PMSkippy is remembering Harper Lee's, To Kill a Mockingbird. Lee was a dramatic fictionalist trying to make some money; and a liberal! My parents even had an argument over the damn book-in 1962!
Posted by JimWold at January 8, 2013 10:43 PM