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LINK A Jury May Have Sentenced a Man to Death Because He’s Gay. And the Justices Don’t Care.

What twisted minds...

On Monday, the Supreme Court announced it would not stop South Dakota from killing a man who may have been sentenced to death because he is gay.

*Some of the jurors who imposed the death penalty on Charles Rhines, who was convicted of murder, have said they thought the alternative — a life sentence served in a men’s prison — was something he would enjoy as a gay man.

  • During deliberations, the jury had often discussed the fact that Mr. Rhines was gay and there was “a lot of disgust” about it, one juror recalled in an interview, according to the court petition. Another said that jurors knew he was gay and “thought that he shouldn’t be able to spend his life with men in prison.” A third recounted hearing that if the jury did not sentence Mr. Rhines to death, “if he’s gay, we’d be sending him where he wants to go.”
Lukian 8 June 24
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15 comments

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1

Hopefully the ACLU will take this one on. What a completely horrible bunch of jurors. I sure hope he gets a better outcome on appeal.
The ugliness of some people in America is appalling.
Besides the death sentence and life sentences do nothing to deter crime. smh

1

Throw this on top of a limitless pile of the horrible atrocities that come from our "justice" system and the idea that jury trials are the best option we can come up with.

2

I see a twisted parallel between the major religions beliefs and our society in general with respect to dealing with crimes. The prevailing opinion seems to be that once someone has been found guilty (or even just accused), anything that befalls them is justified. It's not enough to get the person to stop committing crimes, not enough that they do all they can to make amends to society for what they did, not enough to rehabilitate them and make them productive and respectable members of society again - these folks in our society have a NEED to see people punished, to see them suffer, and to take away any semblance of humanity they might have.

As if the only thing necessary for this person to be happy would be to engage in sex with someone of the same gender. Never mind the lack of consent on his part, or the violence that goes with it. I'm guessing that these same jurors would be fine with sending a female offender to a men's prison - if they thought that it meant she'd be raped daily and beaten badly if she didn't comply with her rapists' instructions. Regardless of how much pleasure that would give the convicts administering said rapes and beatings.

How we treat our prisoners, the convicted and the accused going through the justice system says a lot more about us as a society and as a people than it does about the offenders. We should have a definite and clear purpose for what we're doing when we imprison someone. Punishment for its own sake says terrible things about us: it's just torture porn for people with sadistic tendencies. Taking away someone's freedom will stop them from committing most crimes (but we still have murders, assaults, rapes, and drug use in our prisons... hmmm), so that can be one reason for it. Having the offender pay restitution to their victim or the victim's family serves a purpose of at least partially making up for committing the offense. Rehabilitating the offender so that they can rejoin society and contribute to the well-being of all without re-offending would be the highest and most noble thing we could aspire to with respect to our justice system (which is what Netherlands does, and has just about the lowest recidivism rate in the world).

But not the USA. Our policy is one of gleefully torturing these people for as long as we can stomach it, to take their physical and mental health, and all their worldly possessions and even their humanity away from them, and even when they are released we deny them most opportunities for making a living and to positively contribute back to society.

Pretty much every politician these days runs on a platform of "getting tough on crime" - as if we've been treating them too well in the past. They are just tapping into our society's rotten core of sadism, while ignoring the huge costs that goes along with such policies. Every general population prisoner costs us $30k-60k per year to hold in prison. People on death row can cost as much as twice that, without considering the actual execution, or the multiplier of a death penalty trial and the attendant appeals. Sentences get longer and longer, and no one seems willing to address the financial cost of doing that, or the pile of broken human wreckage that such a system creates.

We have plenty of studies that show that longer sentences do essentially nothing to deter crime, especially when you consider the sizeable increase in cost that goes with it, and that the death penalty does not actually deter people from committing crimes. The USA has only 5% of the world's population, yet holds 20% of the world's prison population. And we still think of ourselves as the "good guys".

[businessinsider.com]

Long argument but solid.

3

And yet another reason to be vehemently against the death penalty.

3

Almost 20 years working in Corrections, and let me tell you, it's no picnic for anyone, and especially not for a gay/trans man. They are particularly targeted by other inmates and often considered "property" of other prisoners and fought over, or forced to pay protection to avoid paying in forced sexual favors. (Yes, we, the staff, do try very hard to prevent this behavior, but there are 50 or 100 prisoners to 1 officer and it's impossible to watch everyone all the time.)

So, the jury's reasoning is faulty as hell. He certainly would not have been getting a "vacation" or any kind of pleasure trip.

I'm at once horrified to be reminded of the reality of life in prison (I'd heard what you're reporting before) and gratified to learn that staff really do try to prevent it. Rape is not a joke whether in prison or not, and it's shameful that it gets treated like one so often.

@ErikGunderson
Obviously I don't know how every officer thinks, but being in prison is the penalty under law. Not being sexually assaulted.
Also, it causes so much paperwork. (That part was the gratuitous dark humor. Do I have to point out that I don't really mean it?)

@Paul4747 well defended

2

Dam sounds like texas!

2

Here's ANOTHER reason to send a few dollars to ACLU!

3

I think I'm hearing a contingent dog whistle. That is that homosexual rape is part and parcel to the punishment of incarceration. So if you enjoy any portion of the collective punishment, you're missing the point.
This man is being killed out of spite. Nothing more.

3

Never heard anything so barbaric and archaic. If that is the prevailing ideology the USA is screwed. I suggest you all get out and come to Australia where the worst that happens is you burn your snags on the barbie or the beer is luke warm instead of chilled!

I always had a dream of moving to Australia but realize now it will never happen but did
Make it to Canada its great here to.

3

Blimey! U.S really is down the tubes!

jacpod Level 8 June 24, 2018
5

Holy shit man. When is the next flight to Sweden?

8

I am opposed to the death penalty period. Their sentencing him to death becuase of his sexuality is the same as a hate crime to my way of thinking.

3

While his crime very well might have been enough to have him sentenced to death, the fact that there is evidence that his sentence was influenced by his sexuality is very troubling. BTW, I am opposed to the death penalty, period, so I would disagree with the sentence no matter the circumstances.

Exactly. Many places treat sexual orientation as a protected class for things like getting service at a restaurant, or when seeking employment - but all that's out the window when handing out prison sentences?

If you spend any time on the news networks' social media, there's plenty of folks out there that refer to people being sentenced to prison as "getting free room and meals." I suspect there's a HUGE difference between prison and staying at Motel 6 with trips to Denny's.

4

Well pardon my French, but that's supremely fucked up. I agree with the article that the courts in SD have sent a deeply troubling message via their silence regarding the value (or lack thereof) placed on LGBTQ people. =[ It was well within the purvey of the court to modify that sentence based on the extremely prejudicial nature of the reasoning behind the sentencing. We are living in scary times.

You mean purview.
Regardless of the weird and flimsy excuses, reasoning, justifications given by the jurors for imposing the death sentence upon a man who committed a most heinous act, the death sentence is fully warranted here. The man whom he killed was pleading for his life, there was no animosity between the two of them before that date, he just did it because he thought that he could get away with it, murder that is.
Maybe some of the readers here like to pay for the warehousing of the dregs of society, and I'm all for them being able to have as much money sucked out of their paychecks for that as is needed or it makes them feel good about themselves. But please don't expect a sane man such as myself to also foot the bills!!

Randy

@Logician I stand corrected on the use of the word "purvey." Please don't misunderstand me. I was not advocating that he get a life sentence, just agreeing with the article that the jury's logic in arriving at the death penalty truly is troubling. It is.

There was NO logic present there, just emotionalism. Forced sex is not enjoyable for the victim, so just because the guy is homosexual, does not mean that he will always be a willing participant to any sex acts that he may be involved in. What if the guy forcing himself on the victim stinks really badly, or has a very large penis or likes to rough up his victims before, during and after the sex? How is that going to be a pleasurable experience for him? People who are unable to think logically can always be counted upon to come up with the craziest ideas about stuff, especially when it comes to religious topics.
Would you believe that a Jesus freak I know, until I mentioned it to him just a few weeks ago, never thought about how and why there are sedimentary layers in mountains?!?! You look at a cliff side, and there you can see regular bands of different colors due to flood waters making deposits, and you can see them tilted at near vertical angles where breaks in the rock occur, and he never connected the idea of gravity laying down these strata in a different direction than they are now?? He isn't smart enough to realize that those jagged rock formations were once laying flat millions upon millions of years ago? Oh, that's right some god or other just made them that way, that's all the explanation we ever need to think about!

Randy

4

My goodness! That rabble sounds as sadistic and messed up as any perpetrator.

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