Kennedy v. Louisiana (2008)

Kennedy v. Louisiana (2008)

Case summary

Facts of the case and trial proceedings:

In the case at hand, the petitioner, Kennedy, was accused of having raped his eight-year-old daughter.

or

In the case at hand, the petitioner, Kennedy, was charged with the rape of his eight-year-old daughter

or

Charged with the rape of his eight-year-old daughter, the petitioner, Kennedy, was convicted by the Louisiana trial court and sentenced to the death penalty, pursuant to a state statute / a state law allowing capital punishment for such an offence / for the rape of a child under 12 years of age.

Arguing that the death penalty was a disproportionate punishment for an offence that did not involve the taking of another human life, Kennedy appealed the sentence.

Indeed, in Coker v. Georgia (1977), the USSC had ruled that the death penalty as a sentence for the rape of an adult woman was a “cruel and unusual punishment” that contravened / that went against the 8^th amendment to the U.S. Constitution.

However, rejecting the appellant’s (i.e. Kennedy’s) reliance on Coker v. Georgia, on the basis that while Coker precludes / bars the use of the death penalty as punishment for the rape of an adult woman it does not specifically exclude capital punishment for other types of “nonhomicide” offences, the Louisiana Supreme Court affirmed the Trial Court’s sentence.

Why (and how) the case reached the U.S. Supreme Court:

Basing his claim on the potential violation of his constitutional right / Contending that the death penalty for a “nonhomicide” offence infringes the protection against cruel and unusual punishment provided by the Eighth Amendment to the U.S. constitution, Kennedy filed a petition for a writ of certiorari to the USSC.

(In your commentary, explain what a writ of certiorari is.)

In a 6-3 decision, the USSC reversed the Louisiana Supreme Court’s ruling, and remanded the case for further proceedings.

(At this stage, also explain: “reverse” and “remand”)

In its majority opinion, delivered by / penned by Justice Kennedy, the Court remarked upon / observed / emphasized / insisted on / underlined / stressed the general consensus stateside against the imposition of the death penalty for an offence other than murder / for a “nonhomicide” offense.

It further argued that general support for capital punishment for the rape of a child under 12 might offset / might outweigh the general consensus, but that no such support may be observed at present.

NB:

Note that there is no article before “support”

Contend (v.): argue

Proportionality: the punishment must be proportionate to the crime

Offence (UK Spelling) / Offense (US Spelling)

Defence (UK Spelling) / Defense (US Spelling)

Human (adj.) ≠ humane (adj.)