Is the Death Penalty for a Child Rapist, cruel and unusual punishment? The United States Supreme Court has agreed to hear a case out of Louisiana under the caption of Kennedy v. Louisiana, Case No. 07-343 where the Defendant was sentenced to die for raping his 8 year old step-daughter.In 1977 the U.S. Supreme Ct. banned the death penalty for child rapists, the last time anyone was put to death where the victim survived was in 1964 this case however is unique.
After refusing to accept a plea deal in exchange for the death penalty being taken off the table, Kennedy was convicted of aggravated rape in 2003---the Jury then decided that the Defendant should be put to death. In 1995 the Louisiana State Legislature modified its rape law permitting the death penalty for persons convicted of aggravated rape of a child under 12 is punishable by either life in prison without parole or death.
Jeffrey Fisher of the Stanford Law School Supreme Ct. Litigation Clinic is representing Kennedy and has argued that this case is not at all unique but violates the 8th Amendment and conflicts with the Supreme Ct. 30 year holding in Coker v. Georgia, 433 US 584; 53 L.Ed 2d 982; 97 Sp. Ct. 2861 that "...a punishment is excessive so as to amount to cruel and unusual punishment if it: (1) makes no measurable contribution to accepted goals; (2) or grossly out of proportion to the severity of the crime. See, Coker, supra at 2866
On January 7, the Supreme Ct. has slated to hear a high profile case on the constitutionality of the current protocol of lethal injections, under the caption of Baze v. Rees, Case No. 07-5439---which may affect all Defendants on death row today.
Certain crimes are so heinous, wicked and reprehensible that a Defendant deserves to pay the ultimate sacrifice---in the Kennedy case, Dr. Scott Benton, MD from Children's Hospital, testified during the Trial that the 8 year old child's injuries from the rape, were the worst he had ever seen.
