Louisiana vs kennedy essay

coker v georgia

Again, the court noted the trend was toward expanding availability of the death penalty for non-homicides. First, the Court examines the "objective indicia of consensus" to determine if U.

In contrast, Louisiana narrowly reads Coker to hold that the Eighth Amendment will not tolerate capital punishment for the rape of an adult woman.

Kennedy vs louisiana 2008 case brief

Patrick Kennedy could not understand which statutes were used to sentence him. These cases establish a two-pronged method of evaluation. Simmons , U. Hamilton, It is in this case that it was ruled that the decision to execute Patrick Kennedy for raping his stepdaughter was a contravention to the 8th constitutional amendment that bans death penalty on rare and cruel cases. Through the mid-twentieth century, several states did impose the death penalty for non-homicide crimes, including rape, kidnapping, and felony murder death inflicted during commission of another felony, regardless of the defendant's direct responsibility for the victim's death. Kennedy points out that in Enmund v. Again, the court noted the trend was toward expanding availability of the death penalty for non-homicides. The state also noted that the number of states with capital punishment for child rape had risen from the five noted by the state Supreme Court, to six, with Texas adopted such a law in Louisiana also relied upon scientific and medical evidence of the harms done to children who are raped. See U. Secondly, they argued that no child molester would leave his victim alive to avoid being reported therefore this acted as an incentive to kill victims. At the same time, both the Supreme Court and the rest of world seem to be moving in the opposite direction. The state also sought to rely upon the fact that legislation to permit the penalty for that crime is now under consideration in state legislatures in Alabama, Mississippi and Missouri.

Georgia decision invalidating capital punishment for rape only applied to crimes in which the victim was an adult. That will be tested when the Court considers Kennedy v.

State v kennedy

Section will take its test on Monday, Dec. According to the statistics given by the Death Penalty Information Center, death sentence has been on the decline in America for the past years. Whether the Eighth Amendment's Cruel and Unusual Punishment Clause permits a State to punish the crime of rape of a child with the death penalty. The Louisiana court acknowledged this number was small, but emphasized the emergence of a trend toward making rape of a child a capital crime. See State v. The other states were contemplating to extend the death penalty to child rapists. If it judges that category of rape to be significantly more severe, it could distinguish Coker by treating it as a decision only about rape of an adult victim. Alternatively, the Court could agree with Kennedy's second argument-that Louisiana has not provided a sufficient hedge against arbitrary exercise of discretion. Louisiana counters that "evolving standards of decency" require affirmation of the Louisiana Supreme Court's decision. Louisiana points out that in decisions determining that robbery and kidnapping are not constitutionally eligible for the death penalty, the Court announced no bright-line rule that the absence of death in these crimes was decisive.

Phelps U. Further, Roper and Atkins found execution of juveniles and mentally retarded individuals, respectively, unconstitutional despite authorization under 21 different state schemes.

Finally, to emphasize the lifetime impact of sexual abuse, Louisiana cites high physical and psychological disorder rates among victims, with a correlation between more severe abuse and more significant long-term harm.

In line with the jury's recommendation, the court sentenced Kennedy to death. Atkins v.

patrick oneal kennedy
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Louisiana vs. Kennedy Essay Example