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McGrath: State needs to drop death penalty for child rape

By The Associated Press - 06/27/08

Attorney General Mike McGrath says a Supreme Court decision that declares the death penalty as too harsh for child rapists means Montana will have to address its law on the issue.

McGrath, however, says there are no immediate effects because neither of the state’s two death row inmates was sentenced under the law.

The U.S. Supreme Court this week struck down a Louisiana law that allowed capital punishment for people convicted of raping children under 12. Montana is among a handful of states with a similar law.

The ruling restricts the death penalty to murder and crimes against the state.

McGrath says the issue will go the Legislature next year.

One candidate for attorney general, Tim Fox, decried the Supreme Court’s decision as an infringement on Montana’s rights.

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Reader Comments:

fat man wrote on Jun 27, 2008 12:03 PM:

" Victims rights aside, killing someone for anything less than murder is an inappropriate sentence. What next? ALL rapists? Then maybe all who commit felony assault? All armed robbers? carjackers? All shoplifters? All speeders? The death penalty should be reserved for those who willfully and deliberately cause the death of another human being. Punishment exists in our society alongside constitutional protections that safeguard our rights as members of a free and Democratic society. Advocating a change in that policy ensures our peril. Can you say "Turkish prison?" "

4061111 wrote on Jun 27, 2008 6:49 AM:

" Talk about a slap in the face for the victims & their families. The message of this crime not being heinous enough to warrant the death penalty is like saying the victim isn't important enough. This is a trauma that will affect them their entire lives, knowing that the criminal is put to death and can never get out and get them will give them a measure of feeling safe. I'd also be willing to bet if it were their daughter being victimized they would want to string them up, that the death penalty couldn't mete out justice fast enough. Lets stand up for the victims for a change instead of the criminals! "