The Bible teaches us that “the whole world is under the power of the evil one.” For proof of this, we need look no further than the unspeakable atrocities recently uncovered in Bibb County. The horrific abuse and torture of children in that case enrages me. My prayers, of course, are with the victims of these unimaginable crimes.
But we must pray and act to do battle against the evil of child sexual abuse. Confronting and preventing these atrocities requires a full range of the legal tools available to the state. For crimes such as these, swift justice requires the ultimate punishment.
For justice to be served in a case like the one in Bibb County, the punishment issued by the state must match the depravity of the crime. This is the only way the state can adequately punish the criminal, compensate the victims, and satisfy the needs of the community. And, in many cases, the only punishment strong enough to address the wickedness in torturing the body and soul of an innocent child is death by execution. We, as a people, have a moral imperative to put this kind of sick evil to death.
Fortunately, here in Alabama, State Sen. April Weaver (R-Brierfield) and State Rep. Matt Simpson (R-Daphne) have already called for restoring the death penalty for child rapists. Last year, a bill to do just that passed the Alabama State House, though it failed to pass the Senate and become law. They are expected to again push for similar legislation next year, and I support their efforts.
In recent years, Florida and Tennessee have both adopted legislation allowing prosecutors to pursue the death penalty when an adult is convicted of raping a child under 12. And just a few months ago, Oklahoma allowed the death penalty for those convicted of such heinous acts. According to the Death Penalty Information Center, at least five other state legislatures have also advanced similar bills in the last two years. I’m heartened that these states have taken the lead on this issue, and I’m eager for Alabama to join their efforts.
Unfortunately, in 2008’s Kennedy v. Louisiana, the U.S. Supreme Court declared the death penalty unconstitutional in cases of child rape. At that time, the Court was dominated by activist judges who were dedicated to twisting the words of the Constitution to serve a radical left-wing agenda. In Kennedy, the liberal justices ignored over two centuries of American history and construed the Eighth Amendment’s prohibition on “cruel and unusual punishment” as limiting the death penalty only to convictions of capital homicide.
The Court got that one wrong. But thanks to President Trump’s appointments to the Supreme Court – and to the leadership of the late Justice Scalia and Justices Thomas and Alito – we now have an opportunity to correct the ruling. The Court is now led by constitutionalists who understand our nation’s legal traditions and are likely to overturn a plainly flawed opinion like Kennedy.
That’s why it’s so important for Alabama to join Florida, Tennessee and Oklahoma in legalizing the death penalty for child rapists – and soon. We must use the chance afforded us by Trump to secure as much justice as we can for the victims of child sexual abuse. Much like Mississippi’s 2018 abortion ban served as the catalyst to overturn Roe v. Wade, Alabama’s law could end up overturning Kennedy v. Louisiana. This is how we fight back.
The children who face aggravated sexual abuse will carry those scars – physical, emotional, and spiritual – for the rest of their lives. As a father of four, unspeakable crimes such as those committed in Bibb County fill me with grief and anger. As a lawyer and constitutional conservative, I’m incredibly frustrated by our limited ability to punish the people who torture our children. I will not rest until we see justice for victims of child sex abuse “roll down like waters.” We must fight and win – for them.
Jay Mitchell is a former Alabama Supreme Court justice and a candidate for Alabama attorney general.
The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to [email protected].
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