Kennedy v. Louisiana
Court/Year:
• US Supreme Court, 2008
Facts:
• Petitioner was sentenced to death under La. Rev. Stat. Ann. § 14:42 after he was
convicted for the aggravated rape of his eight-year-old stepdaughter. On appeal, the
Supreme Court of Louisiana rejected petitioner's argument that the death penalty for
the rape of a child under 12 years was disproportionate, and it upheld the
constitutionality of La. Rev. Stat. Ann. § 14:42 under the Eighth Amendment.
Issue:
• Whether the Constitution bars respondent from imposing the death penalty for the rape
of a child where the crime did not result, and was not intended to result, in the death of
the victim?
Procedural history:
• Kennedy was sentenced to death in trial court by unanimous jury decision, and
Louisiana Supreme Court affirmed that decision. He sought certiorari review which was
granted
Rule:
• The Eighth Amendment, applicable to the States through the Fourteenth Amendment,
provides that excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted. The Eighth Amendment proscribes all excessive
punishments, as well as cruel and unusual punishments that may or may not be
excessive. The United States Supreme Court explained in Atkins and Roper that the
Eighth Amendment's protection against excessive or cruel and unusual punishments
flows from the basic precept of justice that punishment for a crime should be graduated
and proportioned to the offense. Whether this requirement has been fulfilled is
determined not by the standards that prevailed when the Eighth Amendment was
adopted in 1791 but by the norms that currently prevail. The Eighth Amendment draws
its meaning from the evolving standards of decency that mark the progress of a
maturing society. This is because the standard of extreme cruelty is not merely
descriptive, but necessarily embodies a moral judgment. The standard itself remains the
same, but its applicability must change as the basic mores of society change.
Holdings:
• Yes, death penalty for non-murder cases violates the eighth amendment
Rationale:
• After reviewing the history of the death penalty for the crime of child rape, current state
statutes and new enactments, and the number of executions since 1964, the Court
concluded that there was a national consensus against capital punishment for the crime
of child rape. The Court also concluded in its independent judgment that the death
penalty was not a proportional punishment for the crime of child rape. The Court found
that its decision was consistent with the justifications offered for the death penalty:
retribution and deterrence.
Disposition:
• Reversed the Louisiana Supreme court, and remanded it for further proceedings not
inconsistent with this opinion
Dissent:
• Dissents were omitted
Notes: