Kennedy vs Louisiana (2007) was a case about a guy name Patrick Kennedy and is charged with aggravated rape of his eight year old stepdaughter. The eight year old child suffered serious injuries from Mr. Kennedy. Under the Louisiana Law, the prosecutor is allowed to seek the death penalty against defendants who are found guilty of raping children under the age of twelve. The jury granted the prosecutor the death penalty in which he sought. The difference between the Coker vs Georgia case and the Kennedy vs. Louisiana case is that a child is involved. Patrick Kennedy wanted the writ of certiorari for the United States Supreme Court to review the decision upheld by the Louisiana Supreme Court. Kennedy is arguing that Louisiana’s capital rape
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This leads to the question: Does the State of Louisiana violate the Eight Amendment's ban on cruel and unusual punishment by imposing the death sentence for the crime of child rape?
Jeffery L. Fisher is the defense attorney that is appealing on behalf of Patrick Kennedy. On the opening statement of Jeffery Fisher, he brought up a fact to the court that the United States has not executed any offender for rape in over forty years. Mr. Fisher had two arguments he wanted to address to the court. The first point was telling the court that majority of the states are against the death penalty upon rapist, although, six states still have a rape statute to allow states to punish offenders with the death penalty to those who have committed the crime of rape. Louisiana is the only state to use capital punishment on Mr. Kennedy, who indeed is not a recidivist, and place him on death row. The second argument Mr. Fisher is trying to point out is how the juries have the complete free of discretion to choose any number of offenders who have committed a crime of rape. Coker vs. Georgia plays an important role to the Kennedy vs. Louisiana case because Mr. Fisher stated that the court here did not use capital
This leads to the question: Does the State of Louisiana violate the Eight Amendment's ban on cruel and unusual punishment by imposing the death sentence for the crime of child rape?
Jeffery L. Fisher is the defense attorney that is appealing on behalf of Patrick Kennedy. On the opening statement of Jeffery Fisher, he brought up a fact to the court that the United States has not executed any offender for rape in over forty years. Mr. Fisher had two arguments he wanted to address to the court. The first point was telling the court that majority of the states are against the death penalty upon rapist, although, six states still have a rape statute to allow states to punish offenders with the death penalty to those who have committed the crime of rape. Louisiana is the only state to use capital punishment on Mr. Kennedy, who indeed is not a recidivist, and place him on death row. The second argument Mr. Fisher is trying to point out is how the juries have the complete free of discretion to choose any number of offenders who have committed a crime of rape. Coker vs. Georgia plays an important role to the Kennedy vs. Louisiana case because Mr. Fisher stated that the court here did not use capital