Kennedy v. Louisiana[edit]
Main article:
Kennedy v. Louisiana
The USA Supreme Court in a 5–4
judgment penned by Justice
Anthony Kennedy on June 25, 2008, prohibited executions of individuals convicted of child
rape: "the
death penalty is not a proportional punishment for the rape of a child, despite the horrendous nature of the crime." Kennedy reserved capital punishment only "for crimes that involve a victim's death." In this
Louisiana case, Patrick Kennedy raped his 8-year-old stepdaughter, resulting in serious injuries which required surgery. 44 states prohibit death penalty for any kind of rape, but Louisiana and 4 other states permit it for child rape — Montana, Oklahoma, South Carolina and Texas. There's disagreement over the status of a Georgia law permitting execution for child rape, but Justice Kennedy ruled it was still in force. The court, thus declared unconstitutional the Louisiana statute (La. Stat. Ann. §14:42, West 1997 and Supp. 1998): "the Eighth Amendment bars Louisiana from imposing the death penalty for the rape of a child where the crime did not result, and was not intended to result, in the victim’s death."
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Opponents have criticized the decision, noting an admission by the Justice Department that they had failed to note that the US Congress had made child rape a capital offense under military law as recently as 2006, which has been noted as contradicting the "evolving standards of decency" justification for the decision.
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