Wednesday, June 25, 2008

Supreme Court Rejects Death Penalty for Child Rape

The court has gotten it wrong, again. What is the appropriate punishment for someone who rapes a child? Is it also cruel and unusual if the rapist were sentenced to life in prison? Although this case is not unprecedented, it is an example of political correctness passed off as constitutional protection.

The Supreme Court on Wednesday struck down a law that allows the execution of people convicted of a raping a child.

In a 5-4 vote, the court said the Louisiana law allowing the death penalty to be imposed in such cases violates the Constitution's ban on cruel and unusual punishment.

''The death penalty is not a proportional punishment for the rape of a child,'' Justice Anthony Kennedy wrote in his majority opinion. His four liberal colleagues joined him, while the four more conservative justices dissented.

There has not been an execution in the United States for a crime that did not also involve the death of the victim in 44 years.

Patrick Kennedy, 43, was sentenced to death for the rape of his 8-year-old stepdaughter in Louisiana. He is one of two people in the United States, both in Louisiana, who have been condemned to death for a rape that was not also accompanied by a killing.

The Supreme Court banned executions for rape in 1977 in a case in which the victim was an adult woman.

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