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Reasons We Have the Death Penalty, Part Eight Zillion


How could any sensate person believe that this crime merits no more than a term of imprisonment?


A Houston man who beat his 6-year-old son for eight hours until the boy went into a seizure and died has been charged in the child's killing, police said Monday.   * * *

Saturday night, Duncan was angry because T.K. wouldn't go to sleep so he made the boy kneel with his arms extended in front of him for eight hours, Sgt. Brian Harris said. Whenever T.K. lowered his arms, Duncan delivered a "flurry of punches" to the boy's chest and body as part of what Duncan called "chest boxing," according to the police report.

Duncan refused to allow T.K. to go to the bathroom, and beat the boy after he urinated on himself, according to court records.

Duncan told investigators he beat his son to teach him how to "man up," police said.


I suppose the EU will object when the death penalty is sought  --  yet another reason to ignore foreign law.


I find it difficult to believe that no one heard this man beating the child and undoubtedly screaming and yelling at him.

I know that the special circumstance of torture is difficult to allege and prove, but in these child abuse cases, that is exactly what happens to these kids: they are systematically tortured over months before they are killed.

Regrettably, this may not be capital murder in Texas (Penal Code ยง 19.03). There is no torture circumstance, and the cut-off for the child murder circumstance is under six.

Yet another shining example of the injustices caused by the Supreme Court making up the rules about "narrowing" etc. Every state is going to have some deathworthy case excluded by statute because of this extraconstitutional imposition. Death should simply be an option for any killing with the adequate mens rea or substitute (i.e., felony murder/accomplice liability). It really ought to be an option for attempted murder as well.

Perhaps the Texas Legislature deserves blame for the statute--but there is fault with the US Supreme Court as well.

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