Judicial Activism Case Study

This case is an example of Judicial Activism because during this time the court ruled on peoples beliefs. First Patrick Kennedy said he should not be given the death penalty because the child did not die and it was not a murder. The majority and the court agreed with his decision so he was removed from the death penalty. The court should have ruled in its opinion because when people start doing all kinds of crimes the court just cannot agree with the majority or minority’s decisions. Last this is case is an example judicial activism because the decision is made on what people believes in the society.
In conclusion a heinous crime took place in 1998 where a father was found guilty for raping her eight years old stepdaughter. There are thirty …show more content…
Louisiana deals with a step father who raped her eight years old step daughter and was given the death penalty of according to the law of Louisiana. After the court of Louisiana ruled and found the father being guilty he was given the death penalty. Then he appealed his case to the United States Supreme Court. On March 2, 1998 when an eight years old girl was playing in the garage two boys from her neighborhood came and questioned her about the Girl Scout cookies she was selling then later on one of the boy dragged her leg and took her to the backyard and raped her. When the dad went in the garage he saw one of the guys riding away on his blue bicycle. When he was calling the police he heard someone screaming in the yard, so he went back there and found her in the yard. Next when the police came the dad told them he took her in the house to the bathroom and to her bed. The police notice blood drops in the garage and upcoming the stairway. The dad used a lot of water and a piece of cloth to remove the blood from the carpet. Later this made the doctors collect DNA sample. After a week the dad was arrested for the crime. When the police was doing investigation they found the blue bike and found blood on side of the mattress. This made them think the crime was done in her bedroom. After more searches they also found two calls the dad made one was to work saying he couldn’t come to work and asking the coworkers how to remove blood off the carpet. Second he called the carpet cleaning company and asked how to remove blood of the carpet via phone. When he came back home on June 22, 1998 he told the mother he had raped