Powered by USC Law http://mylaw.usc.edu/blogCruz Today the U.S. Supreme Court rejected a petition for rehearing in <em>Kennedy v. Louisiana</em> (blogged <a href="http://mylaw.usc.edu/blogCruz/1/2008/06/Death-Penalty-for-Raping-Child-Unconstitutional.cfm">here</a>), its decision from June 2008 holding that the death penalty for raping a child is unconstitutional under the Eighth Amendment's ban on cruel and unusual punishments.&nbsp; Reserving the question whether unique considerations might allow the military to impose punishments that would be unconstitutional in the civilian context, the majority's Statement respecting the denial of rehearing reiterated the Court's emphasis on the non-military criminal rape laws of the states and the federal government as reflecting a consensus on the impermissibility of executing someone for a crime (such as raping a child) not resulting in death. http://mylaw.usc.edu/blogCruz/1/2008/10/Supreme-Court-Reaffirms-Ban-on-Death-Penalty-for-Child-Rape.cfm 2008-10-01T08:40:00-08:00 U.S. Supreme Court,Eighth Amendment,rape The Supreme Court of the United States has held in <em>Kennedy v. Louisiana</em>, by a 5-4 vote, that the state violated the Eighth Amendment's ban on cruel and unusual punishments by prescribing the death penalty for rape of a child under the age of 12, where the perpetrator did not kill the child and did not intend to kill the child.&nbsp; Justice Kennedy (no relation to the convicted) wrote the majority opinion, joined by Justices Stevens, Souter, Breyer, and Ginsburg.&nbsp; Justice Alito dissented, joined by Chief Justice Roberts and Justices Scalia and Thomas.&nbsp; Despite the recognized brutality of the crime against the child victim, Justice Kennedy's opinion for the Court insisted on the Constitution's commitment to respecting the dignity of all individuals.&nbsp; &quot;As it related to crimes against individuals,&quot; he wrote, &quot;the death penalty should not be expanded to instances where the victim's life was not taken.&quot;&nbsp; (Note though the interesting conflict between the Court's framing of its principles -- is the death penalty unconstitutional whenever &quot;life [i]s not taken,&quot; or could it be imposed if the perpetrator intended to take life even if the crime did not result in the victim's death?&nbsp; This could become a point of future litigation about the reach of the Eighth Amendment.) http://mylaw.usc.edu/blogCruz/1/2008/06/Death-Penalty-for-Raping-Child-Unconstitutional.cfm 2008-06-25T08:17:00-08:00 U.S. Supreme Court,Eighth Amendment,rape,U.S. Supreme Court,Eighth Amendment,rape