Case Brief Essay

385 words - 2 pages

Kennedy v Louisiana 554 U.S. 407

Facts: On June 25th 2008, Patrick Kennedy was found guilty of raping and sodomizing his eight year old stepdaughter. The rape was so brutal that the victim needed invasive surgery. When questioned about the crime, Kennedy claimed that two neighborhood boys committed the crime. But when enough evidence was gathered to prove Kennedy’s guilt, he was offered a deal to spare him his life and he finally admitted to his crime. He was then convicted in 2003 and sentenced under a specific Louisiana Law that allowed ...view middle of the document...

On June 25, 2008 the court was 5-4 on the death sentence held that. Claiming and holding "[t]he Eighth Amendment bars Louisiana 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 victim's death." Also because only 5 states permitted the death penalty.

Dissenting Opinion: "The Eighth Amendment protects the right of an accused. It does not authorize this Court to strike down federal or state criminal laws on the ground that they are not in the best interests of crime victims or the broader society."

Significance Of The Case: This case is significant because it raises the question; Should a person be put to death that had no intent and did not kill a person or child but yet performed a sick hannis act?

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