Kennedy v. Louisiana
554 U.S. 407, 128 S. Ct. 2641 (2008)
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Rule of Law:
The Eighth Amendment's prohibition on cruel and unusual punishment bars states from imposing the death penalty for the rape of a child where the crime does not result, and is not intended to result, in the death of the victim.
Facts:
- Patrick Kennedy was the stepfather of an eight-year-old girl.
- Kennedy lured his stepdaughter into his trailer, where he raped her.
- The assault was violent, causing the child to suffer severe bleeding and significant internal injuries that required emergency surgery.
- The child survived the attack but endured extreme physical pain and lasting psychological trauma.
Procedural Posture:
- Patrick Kennedy was charged with aggravated rape of a child in a Louisiana state trial court.
- Following a jury trial, Kennedy was convicted and sentenced to death under a Louisiana statute.
- Kennedy appealed his sentence, and the Louisiana Supreme Court, as the state's highest court, affirmed the conviction and sentence.
- The U.S. Supreme Court granted Kennedy's petition for a writ of certiorari to review the constitutionality of the sentence.
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Issue:
Does the Eighth Amendment's Cruel and Unusual Punishments Clause permit a state to impose the death penalty for the aggravated rape of a child where the victim does not die?
Opinions:
Majority - Justice Kennedy
No. The Eighth Amendment prohibits the imposition of the death penalty for the crime of child rape where the victim's life is not taken. The Court's decision is based on a two-part analysis. First, there is a national consensus against capital punishment for this crime, as only six states authorize it, a number insufficient to show societal acceptance of the practice. Second, exercising its own independent judgment, the Court concludes that the death penalty is a disproportionate punishment for a non-homicide offense. While child rape is a heinous and destructive crime, it cannot be compared to murder in its finality and irrevocability. The Court's precedent in Coker v. Georgia, which barred capital punishment for the rape of an adult woman, supports the principle that the death penalty should be reserved for crimes that result in the victim's death. The existence of the death penalty for rape under the Uniform Code of Military Justice does not alter this conclusion, as military law operates in a separate context and is not indicative of the national consensus regarding civilian criminal law.
Dissenting - Justice Alito
Yes. A state should be permitted to impose the death penalty for the aggravated rape of a child. The majority misjudges the national consensus, as the number of states authorizing the death penalty for this crime is a recent and growing trend, not a settled position. Furthermore, the majority improperly substitutes its own moral judgment for that of state legislatures. The crime of child rape is uniquely depraved and can inflict psychological and emotional damage comparable in severity to the taking of a life. The punishment is not disproportionate to the offense, and the Court should defer to the legislative judgment that this specific crime warrants the ultimate penalty.
Analysis:
This decision establishes a firm categorical rule that the death penalty is unconstitutional for any non-homicide crime against an individual. It significantly narrows the application of capital punishment, building upon the precedent of Coker v. Georgia. The ruling reinforces the principle that for a crime to be death-eligible, the defendant must have taken or intended to take a human life. The case is also significant for its two-part methodology, where the Court not only looks for a national consensus in state laws but also applies its own independent judgment to determine if a punishment is excessive, solidifying the Court's active role in defining the contours of the Eighth Amendment.
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