News Yesterday, the U.S. Supreme Court unanimously ruled against an Air Force officer who allegedly raped a foid in 2005

[PPEcel]

In an 8-0 opinion authored by Alito in United States v. Briggs, SCOTUS overturned the U.S. Court of Appeals for the Armed Forces and ruled that the five-year statute of limitations in the UCMJ (U.S. military law) did not apply to rape.

See, the UCMJ's provisions allow for the death penalty to be applied in a wide range of offenses; it also holds that offenses "punishable by death, may be tried and punished at any time without limitation". Rape is one of those offenses.

However, in Coker v. Georgia (1977), SCOTUS ruled that it was unconstitutional (under the Eighth Amendment's prohibition on cruel and unusual punishment) to apply the death penalty in cases involving the rape of an adult where the victim did not die. (This ruling would later be extended to cases involving the rape of a child in Kennedy v. Louisiana (2008)). Consequently, in U.S. law today, the death penalty is only ever applied in cases of premeditated murder.

So Lt. Col. Briggs' legal team argued that the phrase "punishable by death" means "punishable by death when all laws are taken into account".

However, the Trump administration, represented by Solicitor General Jeffrey B. Wall, argued the phrase meant "punishable by death within the provisions of the UCMJ".

The Supreme Court sided with the government and against the AirForcecel.

I look forward to reading your commentary.

 

[VindalooCell]

So the Air Force can technically execute someone for rape (not this particular case but theoretically)?

 

[PPEcel]

So the Air Force can technically execute someone for rape (not this particular case but theoretically)?

That is an unresolved constitutional question.

See, after Coker was decided, Congress amended federal (civilian) law such that the maximum penalty for rape was reduced to life imprisonment (and many legislatures followed suit at the state level), but no such change was made to the UCMJ; the wording of U.S. military law allows for the death penalty as a punishment for rape.

In current practice, whether the U.S. military will seek to apply the death penalty in cases of rape is at the discretion of the executive branch (i.e. the President). In 2016, the Obama administration, through Executive Order 13740, amended the manual for courts-martial such that military prosecutors should not seek the death penalty for rape unless the victim was under the age of 12 or maimed or attempted to kill the victim.

But it is still an unknown if Coker's interpretation of the Eighth Amendment is applicable to U.S. military law. The Supreme Court did not answer this question.

 

[ThoughtfulCel]

Death penalty for raping one foid? What kind of retardation is that

 

[Reprobus]

In an 8-0 opinion authored by Alito in United States v. Briggs, SCOTUS overturned the U.S. Court of Appeals for the Armed Forces and ruled that the five-year statute of limitations in the UCMJ (U.S. military law) did not apply to rape.

See, the UCMJ's provisions allow for the death penalty to be applied in a wide range of offenses; it also holds that offenses "punishable by death, may be tried and punished at any time without limitation". Rape is one of those offenses.

However, in Coker v. Georgia (1977), SCOTUS ruled that it was unconstitutional (under the Eighth Amendment's prohibition on cruel and unusual punishment) to apply the death penalty in cases involving the rape of an adult where the victim did not die. (This ruling would later be extended to cases involving the rape of a child in Kennedy v. Louisiana (2008)). Consequently, in U.S. law today, the death penalty is only ever applied in cases of premeditated murder.

So Lt. Col. Briggs' legal team argued that the phrase "punishable by death" means "punishable by death when all laws are taken into account".

However, the Trump administration, represented by Solicitor General Jeffrey B. Wall, argued the phrase meant "punishable by death within the provisions of the UCMJ".

The Supreme Court sided with the government and against the AirForcecel.

I look forward to reading your commentary.

The AF is notoriously the most cucked military branch. Also what’s the evidence? What evidence do they have other than her claim which probably holds no weight?

 

[JuikoTheo]

Thanks for your service, goy!

 

[Emba]

Death penalty for raping one foid? What kind of retardation is that

 

[Greyjediincel]

Not cucked. Penalty for rape should be death as long as there is physical evidence.

 

[Deleted member 5712]

cucked

 

[Deleted member 24726]

Death penalty for raping one foid? What kind of retardation is that

Not cucked. Penalty for rape should be death as long as there is physical evidence.

Extremely cucked, GTFO

 

[incelerated]

In the cucked West feminists have the upper hand and will do whatever they want. There's no way to find out if a rape has actually happened, or if it's just a foid using the pussypass. So I'd say every rapist is falsely accused until a semblance of common sense comes to rule the Western society.

 

[Insanitycel]

Not cucked. Penalty for rape should be death as long as there is physical evidence.

 

[Transcended Trucel]

Death penalty for raping one foid? What kind of retardation is that

 

[Izayacel]

So the Air Force can technically execute someone for rape (not this particular case but theoretically)?

 

[PPEcel]

View attachment 383318

I don't get the reference.