Alabama Republicans plan to reintroduce a bill making the rape or sodomy of a child under 12 a capital offense, punishable by death or life without parole. Rep. Matt Simpson (R-Daphne) and Sen. April Weaver (R-Alabaster) are leading the effort, framing it as a response to crimes they call “the worst of the worst.” The legislation stalled in the Senate last year after passing the House 86–5.
Alabama Attorney General Steve Marshall acknowledged the bill’s intent to challenge Kennedy v. Louisiana, the 2008 Supreme Court decision that ruled the death penalty unconstitutional for crimes that do not result in death. Simpson said shifting legal landscapes and similar bills in states like Florida, Tennessee, and Idaho could prompt the Court to revisit the precedent.
Critics argue the policy could backfire. Experts cited in the Kennedy case warned the death penalty may discourage reporting of child sexual abuse and increase the likelihood that offenders murder victims to avoid detection. Robin Maher of the Death Penalty Information Center said it could retraumatize children forced to testify in long trials.
Marshall dismissed those concerns: “Kids are strong… the criminal justice system becomes the only vehicle for which we can provide them with relief.”
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