Life in prison for rapists of USD students Tom Smith

The judge got this one right, not that it was a tough call.  It's not justice, but at least it is three predators off the streets.  Have a prayer for the victims, readers.

The argument against the death sentence for rape that convinces me is the marginal deterrence argument.  If death were the penalty for rape, rapists would have no incentive not to kill their victims.  And that is another argument for the death penalty for murder, so that there is a marginal deterrent for murder in connection with another crime, such as robbery or rape, for which the penalties should be severe.  But for that, I would support the death sentence for the crimes involved in this case.  I don't think all rapes warrant capital punishment, but aggravated rapes like those in this case do.  Practical considerations militate against it, however. 

DNA evidence takes most of the wind out of the argument that rape is particularly susceptible to false convictions.  The marginal deterrence point makes Louisiana's statute imposing the death penalty for child rape of dubious wisdom, since children are particularly vulnerable.  It may be, however, that strangers who rape children are so likely to kill them, that not much marginal deterrence is lost.  Boy, criminal law policy is a nasty business.  I remember my father would sometimes sigh in disgust after telling me about some awful criminal case or another and say "sometimes I feel like society's garbageman." 

Various commentators have noted a gun in the house would have been helpful.  Probably correct.  But it might not have made a difference.  A door was unlocked, as I have noticed my own front door sometimes is.  I always lock it when I notice that.