Kennedy v Louisiana

This document provides a summary of the Kennedy v Louisiana case, where the Supreme Court ruled on the constitutionality of imposing the death penalty for child rape. It includes the facts of the case, the issue at hand, the holding of the court, the reasoning behind the decision, and dissenting opinions. The document also includes the author's opinion on the ruling.

Running Head: Kennedy v Louisiana
Kennedy v Louisiana
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Kennedy v Louisiana
Table of Contents
Facts...........................................................................................................................................2
Issue............................................................................................................................................2
Holding.......................................................................................................................................2
Reasoning...................................................................................................................................2
Concurring Opinion...................................................................................................................3
Dissent Opinion..........................................................................................................................3
My Opinion................................................................................................................................4
Bibliography...............................................................................................................................5
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Kennedy v Louisiana
Kennedy vs Louisiana 554 US 407 (2008)
Facts
In 1998, Patrick Kennedy who was charged for rape and sodomising his stepdaughter
of eight years. He was asked by Louisiana Court to enter into the deal as he was offered
sparing him for death penalty. However, Kennedy refused and kept claiming that it was two
neighbourhood boys who did the crime. In 2003, Kennedy was given death penalty under
Louisiana Law 1995 which stated that there should be punishment no less than death for rape
of an infant below of 12 years. Louisiana Supreme Court confirmed the sentencing and
conviction. After this, Kennedy filed the petition in the United States Supreme Court to
overrule the ruling of Louisiana Supreme Court on the grounds that under the Eight
Amendment, imposing of capital punishment for rape in which the victim did not die is not
appropriate and falls within the category of “cruel and unusual punishment” and the
procedure taken by court to setup Kennedy’s eligibility for death penalty (KENNEDY V.
LOUISIANA: EIGHTH AMENDMENT RESTRICTIONS ON THE DEATH PENALTY,
2019).
Issue
Whether states are violating Eighth Amendment by restriction on heinous and serious
punishment by giving death punishment/capital sentencing for offence of child rape?
Holding
United States Supreme Court rejected the appeal of Kennedy on the precedents set by
Coker v. Georgia and Roper v. Simmons. Yes, under Eighth Amendment, an accused can be
given death punishment for offence of rape of an infant of twelve years or below and in this
case the victim was of eight years.
Reasoning
The United States Supreme Court gave its judgment by 5-4 majority; the court
concluded that Eighth Amendment prohibits government from enforcing capital punishment
for offence of rape of an infant in which the victim is alive. Enforcing of death penalty will
constitute improper and heinous punishment. In case of Coker v Georgia, sixteen years old
girl was the victim and Eight Amendment puts death penalty to the accused for raping child
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Kennedy v Louisiana
of twelve years. In Coker’s case, the victim was of sixteen years and here the victim is eight
years. The court rejected the death sentence for raping a sixteen year old girl and ruled that
enforcing of capital punishment crime of rape of an adult and it did not lead to the death of
victim was grossly disproportionate and excessive and eventually it is “unusual and cruel
under Eighth Amendment. It will be unconstitutional for allowing death penalty to the
accused in which the victim is alive. In Roper v. Simmons, the idea of national consensus
was formulated. The court further affirmed that capital punishment was not proportionate for
raping the child (Kennedy v. Louisiana (07-343), 2008).
The Louisiana Supreme Court said that four of the states notwithstanding Louisiana
had as of late permitted capital punishment for such wrongdoings. The Louisiana court
recognized that this amount was less, however underlined the development of a pattern
toward making assault of a youngster a capital wrongdoing. The court likewise took a gander
at an expansion in the accessibility of capital punishment for other non-murder wrongdoings,
for example, secret activities and medication dealing. Once more, the court noticed the
pattern was toward extending accessibility of capital punishment for non-crimes.
Concurring Opinion
Justice Anthony Kennedy along with Justices Stephen Breyer, Ruth Bader Ginsburg,
David Souter, and John Paul Stevens highlighted that the restriction in constitution against
disproportionate and excessive incorporates that nature of punishment should be in the
purview of standards set by society. The court concluded on the differentiation among murder
of first-degree done intentionally and crime of non-homicide against person that also include
rape of the child and other things. The latter crime mentioned above are more heinous and
serious but when they cannot be compared in morality and injury to a person because it so
irrevocable and severe (KENNEDY V. LOUISIANA, No. 07-343, 2019).
Dissent Opinion
Justice Samuel Alito along with Chief Justice John G. Roberts, Justice Clarence
Thomas and Justice Antonin Scalia gave their dissent by criticizing the judgment given by
majority and said that the Eight Amendment gives safeguard to rights of accussed. The court
is not authorised or have power to struck down the state or federal law on the basis of best
interest if the society and the victim. The case of Coker v. Georgia should be applicable in all
rape cases no matter what is the age of the victim.
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Kennedy v Louisiana
My Opinion
The decision given by the court is in best interest of the future victims. If there is
same crime as it happened in this case then the accused might kill the victim so that the
victim will not be able to give the testimony and the real culprit will be punished and it may
be dangerous for the society as the offender is free in the society.
Bibliography
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Kennedy v Louisiana
Kennedy v. Louisiana (07-343). (2008, April 16). Retrieved from Legal Information Institute:
https://www.law.cornell.edu/supct/cert/07-343
KENNEDY V. LOUISIANA, No. 07-343. (2019). Retrieved from Death Penalty Information
Center: https://deathpenaltyinfo.org/kennedy-v-louisiana-no-07-343
KENNEDY V. LOUISIANA: EIGHTH AMENDMENT RESTRICTIONS ON THE DEATH
PENALTY. (2019). Retrieved from Constitutional Law Reporter:
https://constitutionallawreporter.com/2015/11/09/kennedy-v-louisiana-eighth-
amendment-restrictions-on-the-death-penalty/
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