Iraq rape conviction -- Death penalty?

Assuming that the soldiers involved in the raping of a 14-year-old girl in Iraq and killing her and her family are found guilty, how likely is it that one or more of them will be sentenced to die?

I’m not asking if they should be, nor opinions on CP itself; only whether the U.S. is likely to impose such a penalty.

no, the U.S. is not likely to, and IMHO rightfully so, I am just against the death penalty for any reason any where any time. Should life imprisonment be an option? Absolutely. Again, JMO if I had the answers to the problems of the universe, I would not be working for pay by the hour…

It’s an interesting question, but I’m also curious as to why they are being tried in the US and not Iraq: I realise the political situation (and situation in Iraq) may make such a trial difficult (tho’ that didn’t stop the Saddam trial), but what right has the US to punish crimes committed in Iraq? If it’s because they were soldiers at the time, why aren’t they before a court martial? And could Iraq press for extradition, if it wanted to?

It’s called a “Status of Forces” agreement and I’m assuming one is in place w/ the Iraqi gov’t. as I’ve heard reference to it on news programs. Part of the standard language gives the U.S. jurisdiction over crimes commited by U.S. military personel.

Not going to happen. The SCOTUS says imposing the death penalty for rape is unconstitutional.

There were four murders involved as well.

And did the newly sovereign Iraqi government agree to sign one, after thousands of foreign troops were in their country? Iraq could unilaterlly void it claiming they were under duress (though that’d probally get out troops home). Also rape is punishable by death under the UCMJ though there haven’t been any executions for it for decades.

Doh! Reading is fundamental, and I sorta skipped that important detail in the OP. As Spock would say, “Double Dumbass on Oakie”.

Hey, I wasn’t defending it, although I might, but that’s another discussion. I was simply stating why the accused couldn’t be extradicted.
The Iraqi president and many Iraqi people are making the same point as you.

From the Manual for Courts Martial (warning: Big-ass PDF file), aggravating factors which justify imposing a death sentence include: murder committed in the commission or attempted commission of rape; murder where the victim is under 15 years of age; and rape or murder “committed in time of war and in territory in which the United States or an ally of the United States was then an occupying power or in which the armed forces of the United States were then engaged in active hostilities”. Murder committed with intent to obstruct justice would also qualify (if the murders were basically seen as a coverup of the rape).

Only one of those factors would have to be found to be true to impose the death penalty.

I think Jethro and his pals should get a stiff sentence, but I also think they should serve it in an Iraqi prison. One run by Iraqis.

I’d heard of this, but had no idea the girl was only 14! (I rather live in a cave)

At work, we have fox news playing all the time on the t.v. screen in the lunch room (you can’t change it) and they’ve been referring to the victim as a ‘woman’, so I had no idea she was that young.

Geesh, now I’m getting all paranoid about the t.v…

Actually, they’re doing the death penalty for some repeat rapists in some states. I believe the victims have to be children, at least in some states. Other states are considering following suit.

Sorry. I meant to quote Oakminster; not Frank.

If they are given a fair trial and found to be guilty, then yes, they deserve the death penalty. The crimes they are accused of are horrendous.

But no one’s actually been executed for rape in decades. In the 70s SCOTUS ruled that it was unconstitutional to give the death penalty for raping an adult woman.

AFAIK, although military criminal punishments are often quite serious (they’re not much for slaps on the wrists), executions are rare. In this case, though, I think someone could get it. From what I hear, this is a rape/murder involving a 14-year old in which there is eyewitness testimony. Although DNA hasn’t been mentioned, I’m gonna bet the soldiers’ hubris made them careless, and that DNA will be recovered from the victim. A confession might buy them life imprisionment instead of the death penalty, but with the evidence so far and the evidence that may be forthcoming, the prosecutor may decide he can win without a confession. In that case, he may refuse to make a deal.

Correct. But we’re talking kids here, right? I would think the 14 year old would count as a child, right? I’m just drawing a parallel here. The jury is still out on whether or not this guy in Louisiana is going to actually be executed for his crime. The point is the pendulum is swinging with regard to capital punishment.