Patrick Kennedy was charged with the rape of his eight-year old stepdaughter, L.H., and was originally sentenced to be executed. However, he appealed the ruling and the supreme court reversed the ruling based on the fact that the death penalty is too severe for even a crime as morally wrong as child rape. Patrick Kennedy called 911 and authorities found L.H. on the bed, bleeding profusely. L.H. suffered severe injuries and originally stated that it was two neighborhood boys who came up to her and raped her. However, Kennedy was later arrested for the crime and the state wanted the death penalty because the victim was under twelve years old. Several instances tied the crime back to Kennedy, like him calling to find out how to remove blood
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According to the Court, why is death a disproportionate penalty for child rape? Do you agree? Explain your reasons. The court finds that no crime is worth the death penalty except murder because it has its own category in the standards of immorality. Death penalties for child rape would look horrible for the U.S. if imposed on crimes that did not involve murder, especially as the country progresses into the less-draconic future. I do not agree with the court because rape is a devastating crime to commit on any person that leaves physical and psychological injuries. However, when rape is committed on a child and it has an even greater chance to ruin his/her life, it definitely deserves the death penalty. Rape itself can lead to victim suicides and depression, which would be exacerbated when put on a child.
2. Who should make the decision as to what is the appropriate penalty for crimes? Courts? Legislatures? Juries? Defend your answer. Legislatures should be the authority behind assigning penalties for crimes. Legislatures would be unbiased and create a concrete set of punishments that cannot be effected by either the compassion or hatred of a juror. Courts shouldn’t be involved in creating the punishments and should only be used to administer the punishment without
According to the Court, why is death a disproportionate penalty for child rape? Do you agree? Explain your reasons. The court finds that no crime is worth the death penalty except murder because it has its own category in the standards of immorality. Death penalties for child rape would look horrible for the U.S. if imposed on crimes that did not involve murder, especially as the country progresses into the less-draconic future. I do not agree with the court because rape is a devastating crime to commit on any person that leaves physical and psychological injuries. However, when rape is committed on a child and it has an even greater chance to ruin his/her life, it definitely deserves the death penalty. Rape itself can lead to victim suicides and depression, which would be exacerbated when put on a child.
2. Who should make the decision as to what is the appropriate penalty for crimes? Courts? Legislatures? Juries? Defend your answer. Legislatures should be the authority behind assigning penalties for crimes. Legislatures would be unbiased and create a concrete set of punishments that cannot be effected by either the compassion or hatred of a juror. Courts shouldn’t be involved in creating the punishments and should only be used to administer the punishment without