Court rejects death penalty for raping children
Lawyer Blogs
The Supreme Court on Wednesday outlawed executions of people convicted of 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.
Forty-five states ban the death penalty for any kind of rape, and the other five states allow it for child rapists. Montana, Oklahoma, South Carolina and Texas allow executions in such cases if the defendant had previously been convicted of raping a child.
The court struggled over how to apply standards laid out in decisions barring executions for the mentally retarded and people younger than 18 when they committed murder. In those cases, the court cited trends in the states away from capital punishment.
Related listings
-
Court to rule in Tenn. inmate's appeal
Lawyer Blogs 06/24/2008The U.S. Supreme Court agreed Monday to consider whether poor death row inmates seeking mercy from state officials have a right to lawyers paid for by federal taxpayers.The justices will likely hear oral arguments around the end of the year in the ca...
-
Court will hear appeal by Tenn. death row inmate
Lawyer Blogs 06/23/2008The Supreme Court is stepping into the case of a convicted murderer who claims authorities concealed evidence that might have spared him a death sentence.The justices have twice before reinstated the death sentence for Gary Bradford Cone, who was con...
-
SF court protects privacy of work communications
Lawyer Blogs 06/20/2008A federal appeals court has made it more difficult for employers to legally snoop on their workers' e-mails and text messages sent on company accounts.Under a Wednesday ruling by the 9th U.S. Circuit Court of Appeals, employers that contract an outsi...
New York Commercial Litigation Law Firm - Woods Lonergan PLLC
Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.