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April 12, 2007

Death Penalty and Child Rape

Sex Crimes and Sentencing Law and Policy discuss the wisdom of imposing the death penalty in child rape cases.

I used to be very much in favor of the death penalty and at some level remain philosophically unopposed in certain cases.  I have come to believe, however, that the expense of trying these cases, coupled with the possibility of error tips the balance against the use of the ultimate criminal price.  Price and error rate concerns are something that should be worked out by voters in each jurisdiction subject to appropriate federal oversight of the rights of prisoners.  My own home state does not impose the death penalty and I would vote against its imposition here.  If the voters of Texas feel differently and are willing to pay the real cost of an appropriate defense I have no issues.  See CrimProfBlog for a discussion of the price of death penalty defense and Bring It On for a discussion of actual innocence and the death penalty.

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