Wednesday, May 23, 2007

Cruel and Unusual Punishment? What is Appropriate for Chih Hsien Wu?

On a serious educational note, Louisiana's Supreme Court ruled Tuesday that a man may be executed for raping an 8-year-old girl. This case may test whether the death penalty is fair punishment for someone who rapes a child. Patrick Kennedy, 42, was convicted of raping an eight year old relative and was sentenced to death in 2003. His case may clarify a 1977 U.S. Supreme Court ruling that held the death penalty for rape violated the Eighth Amendment protection against cruel and unusual punishment. Attorney Jelpi Picou said "As horrid as (rape) is and as harshly as we believe it should be condemned, death is inappropriate in this case... He's the only person in the United States on death row for non-homicide rape." Justice Jeffrey Victory wrote, that the Louisiana law meets the U.S. Supreme Court test requiring an aggravating circumstance because of the age of the victim.

Chih Hsien Wu

On the ligher side, what should be the punishment for this crime reported by the A.P.?
Chih Hsien Wu, age 43, is suspected of stealing 1,300 undergarments from laundry rooms near Colorado State University. He was arrested on suspicion of felony theft. Bail was set at $15,000. Police have asked victims to identify their underwear. After the case is closed, victims can reclaim their underwear - if they can identify it and still want it back. (Yup, mine is the one over their with the poop stain...)

17 comments:

Anonymous said...

Blond Bombshell said...

Wow, this is deep. Normally, I would comment with my "dirt bag men get what they deserve" speech but it is a little more complicated then that. I am generally against the death penalty. Even though I find this crime to be despicable,I don't think it warrants death. Castration, yes! Death, no!

Shell

Anonymous said...

Iron Mike said...

This may be a first, Shell and I see eye to eye on something. I think the bum deserves what he gets. But in general, I just don't think the death penalty is appropriate without torture or murder of the victim.

Iron Mike

Anonymous said...

This leads me to wonder how any lawyer could defend such a scum.

I am at a loss for words. I was not going to post because the topic is so serious, but since Shell and Mike were brave, I will too.

I say, anyone who rapes a child should get the death penalty if that is the trial court sentence.

Now, let's get back to lighter news.

Sally

Anonymous said...

I think this dude, if convicted ought to be sentenced to several years in the prison laundy room.


Tony

Anonymous said...

I thought underwear collections were like trophies or something...

tammi

colleency said...

I too am against the death penalty, so what follows may be prejudiced by that view -

but if rape (even of a child - horrendous as that is) - is punishable by death, would the rapist be more likely to kill his victim, rather than risk being identified? - If he's going to be executed anyway, what does he gain by letting her live?

Legal Pub said...

Colleency, The death penalty is very harsh and very final. If a rapist is rational (which I do not know) then certainly your argument that he is no worse off if he kills his victim may be true. Unfortunately, I think most rapists are sick and I am not sure they think logically while committing the crime.

Now bank robbers, like the barbie bandits plan and scheme... I could see them using such thought process, but who knows?

Anonymous said...

Thanks for a story with some legal substance. It made my mind work a little harder today.

Legal Pub said...

Our philosophy is something for everyone. We like to publish both humorous legal stories and sincere legal scholarly reports on topics of interest. When there is a substantive issue of note, we will try to include it. But the goal is not to become boring by publishing all legal briefs. So, thanks for the comments. All comments and criticisms are welcome.

Anonymous said...

Rape is a crime worse then murder in my book.


beth

Anonymous said...

This is a where is the beef post. Plenty of scholarly law for any one, even know it all lawyers. Great site!


Jon

Anonymous said...

Enjoyed your take.

P.B.

Anonymous said...

Barbie Bandits could never submit to such a punishment!

Anonymous said...

I can spell it all...

L-e-t-h-a-l I-n-j-e-c-t-i-o-n.

J.J. said...

Cruel and unusual punishment? No. Cruel yes. The life of any human should not be taken by any other human. Keep them in prison, give them religion, education and reform them into someone with a goal of release back into society as a good citizen.

Unusual? Come on, it is way to common. Let's abolish the death penalty and leave time of death up to God.

J.J.

pops said...

Wu! He stole dirty underwear. How sick can one guy get. L.S. should we fry Wu in the electric chair for stealing used underwear?

Pops

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