
This is a photo of Patrick Kennedy of New Orleans, Louisiana. In 2003 Kennedy was sentenced to death for the rape of his 8-year-old stepdaughter. Since his sentencing Kennedy has begun a series of appeals to overturn his conviction. His case reached the Louisiana Supreme Court, who upheld the ruling, and was then reviewed by the United States Supreme Court. The question is whether States have the authority under the Eighth Amendment’s Cruel and Unusual Punishment Clause to impose the death sentence on a person convicted of child rape, a rape in which a death did not occur.
Kennedy’s defense contested that in Coker v. Georgia the U.S. Supreme Court ruled that rape does not compare with murder in its depravity and injury to the person. It continued on to say that because of the severity and irrevocability of the death penalty, to impose it onto a rapist who did not take a human life would be excessive. The Court ruled a death sentence for a rapist was a violation of the Eighth Amendment.
The state of Louisiana counteracted this ruling by creating a state law stating that the aggravated rape of a child under the age of 12 (later 13) years of age was punishable by death. Their argument was that the Coker v. Georgia ruling only protected those who committed rape against an adult woman from receiving the death penalty, allowing those who raped a child be subject to capital punishment.
On June 25th, 2008, the United States Supreme Court overturned the previous court decisions in Kennedy v. Louisiana. Quoting Coker v. Georgia they stated that the Eighth Amendment forbids the courts from sentencing a child rapist to death. This landmark case established that the death penalty may only be applied to cases involving murder.

Kennedy’s defense contested that in Coker v. Georgia the U.S. Supreme Court ruled that rape does not compare with murder in its depravity and injury to the person. It continued on to say that because of the severity and irrevocability of the death penalty, to impose it onto a rapist who did not take a human life would be excessive. The Court ruled a death sentence for a rapist was a violation of the Eighth Amendment.
The state of Louisiana counteracted this ruling by creating a state law stating that the aggravated rape of a child under the age of 12 (later 13) years of age was punishable by death. Their argument was that the Coker v. Georgia ruling only protected those who committed rape against an adult woman from receiving the death penalty, allowing those who raped a child be subject to capital punishment.
On June 25th, 2008, the United States Supreme Court overturned the previous court decisions in Kennedy v. Louisiana. Quoting Coker v. Georgia they stated that the Eighth Amendment forbids the courts from sentencing a child rapist to death. This landmark case established that the death penalty may only be applied to cases involving murder.

Because of Kennedy v. Louisiana these types of aggravating circumstances will have no higher objectivity than a life without the possibility of parole sentence. Is this disproportionate or equal justice?
http://www.scotuswiki.com/index.php?title=Kennedy_v._Louisiana
http://www.nysun.com/editorials/kennedy-v-louisiana/80750/?print=5415318421
http://www.darkness2light.org/KnowAbout/statistics_2.asp
http://www.nysun.com/editorials/kennedy-v-louisiana/80750/?print=5415318421
http://www.darkness2light.org/KnowAbout/statistics_2.asp
I find this blog post to be very interesting. I have to agree with the court's decision that the death penalty should not be given to those who commit child rape. I believe that this will help prevent the murder of child rape victims. However, Justice Alito does make a very good point that a child rapist is protected from the death penalty no matter how much or how many times that person hurts a child. This is a very hard decision and we will see the ramifications of this decision in the future.
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