https://www.dailymail.co.uk/news/article-12870043/Florida-man-Joseph-Giampa-death-penalty-law-DeSantis-sex-crime-child.html

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A Florida man could become first to face the death penalty under DeSantis's new law allowing prosecutors to seek capital punishment for sex crimes against children.

Joseph Andrew Giampa, 36, has been hit by charges of sexual battery of a person younger than 12 after he allegedly videoed himself abusing a child.

The office of State Attorney William Gladson filed a notice of intent to seek the death penalty for Giampa, citing the 'severity of the crime and its impact on the community, Tampa Bay reported.

Gladson's office is making use of a law pushed by Florida Governor DeSantis that authorizes the death penalty for child rapists.

Under the legislation, signed in April, a jury can recommend a death sentence for sexual battery on a child under 12 in a vote of at least 8-4.

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Quote:

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The bill - which went into effect October 1 - passed with bipartisan support and was signed into law by DeSantis.

This is the first time a prosecutor has sought capital punishment in Florida for a charge other than murder in modern times.

'The decision to pursue the highest penalty reflects the gravity of the charges and the State Attorney's Office's dedication to holding criminals accountable for their actions,' the prosecutor's statement read.

Gladson's office cited four aggravating circumstances that they believe qualify death as an appropriate punishment for Giampa's alleged crime.

Prosecutors argued that the crime was committed for pecuniary gain and say that it was especially heinous, atrocious or cruel.

Giampa was arrested in November in Lake County, Florida.

An arrest affidavit states that he was questioned at his home on November 2 by Lake County Sheriff's deputies.

The alleged abuser showed deputies his laptop computer - where he had a video which the affidavit describes as depicting a man sexually abusing a child while recording the act.

Part of the video showed the man putting the camera down and moving in front of it - which enabled police to identify the suspect as Giampa.

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These sick ****s can't be rehabilitated, fry them all.

Just another W, all the man does.

Sadly, because of the Supreme Court ruling in Kennedy v. Louisiana, such executions are prohibited.

The law should remain on the books, and the sentences imposed, in the event the case is ever overturned allowing the sentences to be carried out.

Since he filmed it, I would guess there is no doubt as to his guilt. And I don't buy there being any factors in his upbringing that excuse what he did. Burn him at the stake, but make sure it takes a while, pour water on the fire and set the next one progressively closer. Wash, rinse, and repeat.

Years before I went to law school, I had an unpaid internship with a juvenile prosecuting attorney which included child abuse cases, sexual included too.

Infants and up. Yes infants, under one year old. I support death for that reason.

If he doesn't get the death penalty, the minimum sentence is life without parole.

Since he moved in front of the camera and allowed them to identify him they don't need her...

Rapier108 said:

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Sadly, because of the Supreme Court ruling in Kennedy v. Louisiana, such executions are prohibited.

The law should remain on the books, and the sentences imposed, in the event the case is ever overturned allowing the sentences to be carried out.

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This would appear to be a test case seeking to overturn the Kennedy ruling: three of the four justices who dissented in that 5-4 decision (Alito, Thomas, and Roberts) are still on the court. Roberts might now uphold the previous decision in respect to stare decisis, but if the three "Trump Justices" voted to overturn, this could establish a new precedent.

Nevertheless, the chances of this person actually being executed are so small as to be essentially equivalent to zero. Hopefully he dies in prison, regardless.

YokelRidesAgain said:

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Rapier108 said:

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Sadly, because of the Supreme Court ruling in Kennedy v. Louisiana, such executions are prohibited.

The law should remain on the books, and the sentences imposed, in the event the case is ever overturned allowing the sentences to be carried out.

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This would appear to be a test case seeking to overturn the Kennedy ruling: three of the four justices who dissented in that 5-4 decision (Alito, Thomas, and Roberts) are still on the court. Roberts might now uphold the previous decision in respect to stare decisis, but if the three "Trump Justices" voted to overturn, this could establish a new precedent.

Nevertheless, the chances of this person actually being executed are so small as to be essentially equivalent to zero. Hopefully he dies in prison, regardless.

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I have very little faith in our Supreme Court. However, a week in general population will most likely render any appeals moot

Tall tree and short stretch of rope on the courthouse lawn for all to see.

And be quick about it.

Florida still does the electric chair, right?

The Chicken Ranch said:

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Florida still does the electric chair, right?

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If the condemned requests it. Otherwise it is lethal injection.

Unless he is in solitary he may not make his trial date. Unless jail inmates are more accommodating than prison inmates?

Rapier108 said:

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Sadly, because of the Supreme Court ruling in Kennedy v. Louisiana, such executions are prohibited.

The law should remain on the books, and the sentences imposed, in the event the case is ever overturned allowing the sentences to be carried out.

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That was a 5-4 decision in which Alito, Thomas and even Roberts dissented. None of those who joined in the majority are still on the court. The dissent points out, correctly, that the majority opinion offers no actual law justifying its decision. Rather, it bases it on some mythical "national consensus" and some supposed standard of decency.

This case is ripe for being overruled. And it indeed should be.

one safe place said:

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Since he filmed it, I would guess there is no doubt as to his guilt. And I don't buy there being any factors in his upbringing that excuse what he did. Burn him at the stake, but make sure it takes a while, pour water on the fire and set the next one progressively closer. Wash, rinse, and repeat.

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When there is no possible ambiguity, the case is 100% airtight like this, they should be allowed to exhaust all of their appeals on an expedited docket. Once the last appeal is exhausted, the governor declines clemency, they should be marched out in front of the courthouse, put on their knees in public, and shot. No waiting, drugs, last meal...don't care.


Give the victim( if now an adult) first right of refusal, followed by the family, then set up a lottery for armed citizens that assemble for the task. No 10 men with one blank, your name is called, you step forward, aim, and it's done.

Sorry, if you can provide video or direct evidence that this has occurred, I would have far more remorse for shooting a mean dog.

This law might encourage child sexual predators to kill their victims after abusing them. Especially in cases where eliminating the sole witness decreases the probability of getting caught. After all, the punishment can't get any worse than death, right?

The only way to really make this work is to make a punishment worse than our current death penalty. Past societies had a much harder time catching perpetrators, which is why they tortured prisoners if they did something bad enough. The punishment multiplied by the probability of capture and conviction still needed to be worse than the perceived benefit. If Florida took this guy and did the rat torture or something on him, then I bet child rapists would secretly flee the state in droves. But of course the SCOTUS would consider that cruel and unusual. As I suspect would most Americans.

But DeSantis' boots