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Kennedy v. Louisiana

Supreme Court of the United States · 2008 · Constitutional Law

Constitutional LawEighth AmendmentDeath PenaltyProportionalityEighth Amendmentcruel and unusual punishmentdeath penaltycapital punishment

Facts

Kennedy was charged with and convicted of the aggravated rape of his 8-year-old stepdaughter under a Louisiana statute authorizing death for rape of a child under 12. The crime caused catastrophic injuries requiring emergency surgery, but it did not result in the victim's death, and the case presented no claim that the crime was intended to result in death. Louisiana imposed the death penalty solely for the child rape offense. Kennedy challenged that punishment under the Eighth Amendment.

Issue

Does the Eighth Amendment permit a State to impose the death penalty for the rape of a child when the crime did not result, and was not intended to result, in the victim's death? More generally, may capital punishment be imposed for this nonhomicide offense against an individual?

Rule

The Eighth Amendment prohibits the death penalty for the rape of a child where the crime did not result, and was not intended to result, in the victim's death. At this stage of evolving standards of decency, in crimes against individual persons, capital punishment must be reserved for crimes that take the life of the victim.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Ohio, Devon Pike is convicted of raping an 11-year-old child under a statute authorizing death for that offense. The child survives, and the prosecution concedes it is not claiming Devon intended to kill the child.

Is a death sentence constitutional?

Explanation. The majority adopted a categorical rule: for crimes against individual persons, at this stage of evolving standards of decency, capital punishment must be reserved for crimes that take the victim's life. Child rape, though grave, cannot be punished by death when the victim did not die and death was not intended. The rule does not turn on severity of injury or recidivism in such a case. (Derived from Kennedy v. Louisiana (n.d.).)