1. Patrick Kennedy was convicted of aggravated rape of his 8-year-old stepdaughter under a Louisiana statute that authorized capital punishment for rape of a victim under 12. He was found guilty by a jury and sentenced to death. 2. The US Supreme Court granted certiorari to address whether the death penalty constitutes cruel and unusual punishment in this case given evidence of a national consensus and whether the Eighth Amendment permits capital punishment for the rape of a child where no life was taken. 3. The Court held that there was insufficient evidence of a national consensus allowing the death penalty for child rape and that the Eighth Amendment does not permit the death penalty in this case since no life was taken, only the victim's childhood

1. HaroldSowards
CJ 322, Tu/Th 9:30
8/29/15
Kennedy v. Louisiana
554 U.S. 407 (2008)
1. Facts
 PatrickKennedywasconvictedof aggravatedrape of his8 yr. oldstepdaughterL.H.
underLouisianaStatute Ann.14.42 (West1997 & Supp.1998) whichauthorizedcapital
punishmentforrape toanyone under12
 On March 2, 1998 Patrickreportsthe rape of hisdaughterL.H.
 PediatricForensicMedicine expertcallsitthe mostsevere assaultinhis4yrs.
 Claimedshe wasrapedby2 neighborhoodboys,howevertheyarrestedPatrickafter8
daysfor the rape
 L.H. isremovedfromhermother’scustodya monthlater
 21 monthslater,she accountsher rape via videotape withChildAdvocacyCenter
 Patrickis chargedfor the rape
 Trial beginsAugust2003
 Juryfoundhimguiltyof aggravatedassaultandunanimouslydecidedforthe death
penalty
 The LouisianaSupreme Courtaffirmsthisdecisionandcertiorari wasgranted
2. Issue
Is there evidence of anational consensuswithrespecttothe deathpenaltyforchildrapists?
Doesthe 8th
amendmentpermitimpositionof the deathpenalty?
Is ittrue that everypersonwhoisconvictedof capital murderandsentencedtodeathmore
morallydeprivedthaneverychildrapist? (Dissentquestion)
3. Holdings
Yes
No,reversed/remanded
No
4. Reasoning
Regardingthe national consensus,theyusedstatisticstofindthat36 statesplusthe Federal
Gov, have a deathpenalty.Onlysix of these authorizedthe deathpenaltyforrape of a child.In
45 of these jurisdictions,Kennedycouldn’tbe executedforchildrape of anykind.
However,theyreversedthe deathsentence becauseitsaidthe 8th
amendmentdidn’tallowthe
deathpenaltyinthiscase,because he didnottake any life whenhe rapedhisstepdaughter,he
only ruinedherchildhoodandtherefore doesn’tdeserve todie.