Tennessee joins Florida in passing a law that provides for the death penalty for child abuse

NASHVILLE, Tenn. (WZTV) — Tennessee is the second U.S. state after Florida to pass a new law that gives prosecutors the ability to seek the death penalty for convicted child rapists.

The law was passed despite a 2008 Supreme Court ruling against the measure (Kennedy v. Louisiana), which ruled that the death penalty violated the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishment—namely, sentencing a person to death for a crime other than murder.

The new law will take effect on July 1, 2024, but will not be implemented anytime soon because the governor’s moratorium suspending executions at the state level is still in effect.

The death penalty has been suspended in Tennessee since 2022 following a series of botched executions. Questions have been raised about how drug manufacturers and pharmacies manufacture, ship and store the drugs used for lethal injection.

The Tennessee Department of Corrections also came under scrutiny for reportedly not following proper protocols and procedures.

An overwhelming majority of state legislators and the governor believe the new law is justified. They view the death penalty as a deterrent to prevent potential criminals from committing reprehensible and heinous crimes and to ensure that convicted criminals are punished for robbing children of their lives and futures.

There are fundamental political differences on this issue. Some Democratic critics say the new law will only further traumatize child victims and cause them unintended suffering and consequences by requiring them to participate in the lengthy appeals process if the convicted rapist is sentenced to death. They believe a life sentence is a more appropriate option for everyone.

Florida criminal defense attorney Mark O’Mara also argues that the cost of housing an inmate for the duration of a life sentence is exponentially less than housing a death row inmate.

When a similar law was passed in Florida, O’Mara roughly estimated the cost to taxpayers. An average life sentence of 40 years costs about $20,000 per year per prisoner, or $800,000 per inmate. If an inmate is sentenced to death, the cost rises to $3 million to $8 million per inmate – and in some cases as much as $12 million.

Senator Jack Johnson sponsored the bill and stated that the state is prepared to provide the necessary resources to ensure that justice is served to victims and that those convicted of such egregious crimes receive the punishment they deserve.

Get reports like this and all the day’s news from Middle Tennessee delivered to your inbox every morning with the FOX 17 News Daily Newsletter.