In the year of 2003, the Louisiana State Court indicted Patrick Kennedy on two counts of rape and one count of robbery. Patrick Kennedy was found guilty of raping his 8 year old stepdaughter who was a victim that survived. In the state of Louisiana the law allows the DA (district attorney) to present capital punishment to the defendant and any defendant that is found guilty of raping children under the age of twelve. The prosecutor in the case Kennedy v. Louisiana be in quest of the indictment that the jury awarded the sentence of capital punishment in which the defendant appealed. The Louisiana Supreme Court attested the imposition of capital punishment even though it was noted that the United States Supreme Court had struck down the death …show more content…
Holding: In a five to four decision they ruled that it is unconstitutional to impose capital punishment for raping a child under twelve years old in the state Louisiana since the victim did not die and death was not intended during the rape.
Reasoning: Louisiana’s death penalty law for those convicted of child rape is not clear cut because it is the state does not provide enough examples of other cases where the victims of rape are under the age of twelve years old. Louisiana state has an exceptional interest in protecting adolescents and that alone justifies using capital punishment for raping a child. People who have been sexually abused more than likely suffer from plenty of psychological disorders. The state considered their own assimilation of the Eighth Amendment which the use of capital punishment for child rapists is not held within this certain case. The court believes that there is a significant distinction between the rape of a child, or any person is society or murdering them. The court did acknowledge that both crimes are heinous but believes the imposing this punishment for this specific situation violates Kennedy’s Eighth amendment right and is considered to be cruel and unusual