Legal Analysis: Death Penalty and Stand Your Ground Cases - Law Module

This assignment analyzes two significant legal cases: Kennedy v. Louisiana and the 'Stand Your Ground' case in Florida. The Kennedy case examines the constitutionality of the death penalty for non-homicidal rape, focusing on the Eighth and Fourteenth Amendments. The assignment discusses the Supreme Court's ruling and the defendant's challenge. The 'Stand Your Ground' case involves Michael Drejka, who was found guilty of manslaughter for killing Markeis McGlockton. The assignment highlights the arguments and legal proceedings, including the initial ruling, the application of the 'Stand Your Ground' law, and the final verdict. The assignment provides an overview of the legal arguments, rulings, and implications of both cases.

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Death Penalty
In Kennedy v. Louisiana case, the Supreme Court had to explicate the death penalty to
non-homicidal rape in which the court ruled that the penalty would not be imposed on a person if
there was no death reported out of the crime committed (Roberts). The judgment was arrived at
after Patrick Kennedy, a defendant accused of raping his 8year old stepdaughter, had challenged
the court’s decision since the child did not die. The situation was later reviewed by the same
court to be unconstitutional in a situation where an adult was raped and no death reported out of
the act. I think the initial judgment had violated the Eighth and the Fourteenth Amendment of the
constitution since there was no murder committed, hence was due for challenge by the defendant.
In “Stand Your Ground Case”, in Florida, Michael Drejka was found guilty by a jury in
Florida. Drejka was guilty for killing Markeis McGlockton (Hassan and Bogel-Burroughs). The
defendant and the victim has earlier engaged in an argument that led to the killing. Drjeka was a
white and was not arrested for having executed a black, McGlockton, until three weeks had
elapsed. In the first ruling, Drejka was to serve a 30 years’ jail term and was release on bond.
After the verdict, he was not freed since a judge decided that he be put on remand. The law was
passed in 2005 to allow persons apply deadly weapons in a dangerous situation when their lives
was in a threat. Hence, I think the law would be used to protect one’s life in a dangerous
occasion. He was eventual charged for manslaughter.

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Works Cited
Hassan, Adeel and Nicholas Bogel-Burroughs. Stand Your Ground’ Case in Florida Ends With
Manslaughter Verdict. Ed. Adeel Hassan. 24 Aug 2019. 24 March 2020.
Roberts, J. Scalia & C.J. Kennedy v. Louisiana Resource Page. 2008.
https://deathpenaltyinfo.org/facts-and-research/crimes-punishable-by-death.