Evolving Standards in a “Maturing” Society?

Today the Supreme Court of the United States, in a sharply divided 5-4 decision, weighed in on a case that everyone who is a minister to children will find deeply significant for what it does and does not do. The decision “bars” states from imposing the death penalty for child rape (5 states allow it) in every instance.

 

I read the decision early this morning (Summary is a 5 pager and easily comprehensible for any reader, the majority opinion is 36 pages including footnotes and the dissent is 24 pages and is a sensible response written by justice Alito and joined by three others) and I encourage you to read the original particularly the dissent with it’s enlightening statistics on the prevalence of this type of crime (over 5,000 cases in 2003 alone). It is a telling example of reading contemporary American culture that is as important as it is instructive for the minister.

 

The court held today that the “extension” of the death penalty for crimes that do “not result, and [are] not intended to result, in the victim’s death” are unconstitutional. The Eighth Amendment’s Cruel and Unusual Punishment Clause “draws its meaning from the evolving standards of decency that mark the progress of a maturing society.” This is the bottom line reason for the decision. The fact that ONLY 5 states have penalties this severe is one strong proof that society is not open to this extreme response to what all 9 justices agree is a reprehensible and horrific crime. BUT, as Alito states, previous court cases have made state legislators hesitant to pass laws that will more than likely be overturned…it is a set up for failure. Alito also mentions that this sweeping decision is for EVERY child rape “no matter how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime, no matter how much physical or psychological trauma is inflicted and no matter how heinous the perpetrator’s prior criminal record may be.”

 

I have a couple of comments. First, I’m glad I’m not a judge! Seriously! This is a terrible case to review. A 300 pound man wakes up an 8 year old one morning and a life is deeply disfigured. Imagine sitting through that case! Imagine that this same case occurred 10 years ago and is just now being decided. That 8 year old is now 18. Now recognize that from 1976 to 1986, the number of reported cases of child sexual abuse grew from 6,000 to 132,000, an increase of 2,100% (footnote 2 on page 9 of the dissent). By 1991, the number of cases totaled 432,000, an increase of another 227%! Nearly 30% of those child victims were between the ages of four and seven.

 

Second, I am glad that there is neither glee nor despair among most commentators on this decision. I read the Wall Street Journal, The New York Times, and very liberal blogs like the Daily Kos and found them all sober and probably numb. No matter what your political view there exists for the Christian a hope in the midst of despair, a God who knows, is enraged and is acting now. For some, they find God’s response quizzical and impotent for this little girl and so many others, but I find that to be highly limiting and time-bound. God HAS acted! He is NOT bound by time and our prayers every night for our children and the adults we minister to even in a culture that is “maturing” is to soberly seek God, lay pain at the foot of the cross and not be silent.