High court weighs death in child rape case

[DeclinetoState]

WASHINGTON, April 14 (UPI) -- A Louisiana case favoring the death penalty for child rapists weighs social perceptions of capital punishment against evolving notions of crime, lawyers say.

The U.S. Supreme Court Wednesday will hear the case of Kennedy vs. Louisiana, in which a 43-year-old man raped his 8-year-old stepdaughter so brutally she required surgery. Louisiana imposed the death penalty in the case, but the man's lawyers say that violates the Eighth Amendment ban on "cruel and unusual punishment" for crimes that did not result in death. Louisiana counters the Supreme Court decision barring death penalty for rape cases, Coker vs. Georgia, does not apply to minors.More (http://www.upi.com/NewsTrack/Top_News/2008/04/14/high_court_weighs_death_in_child_rape_case/4260)

I can't imagine SCOTUS will let the death penalty stand here. However, I wouldn't be surprised if it returned a split decision.

[DoctorDoom]

Screw the SCOTUS. Off the prick! Call me and I'll cap his ass.

[MaximumSam]

With the current makeup of the court, I think they will uphold the death sentence. Striking it down is based on the "proportionality" idea of the 8th Amendment, basically saying that sentences that are too harsh compared to the crime are cruel and unusual. However, this idea is contested, and many conservative justices feel that this takes power away from the legislature.

[Pennville_Bill]

Screw the SCOTUS. Off the prick! Call me and I'll cap his ass.


You'll have to wait in line Doc.............. I give you my place if you'll let me have about 3 hours with him...... Just three hours with just a blowtorch and a pair of vice grips.......... :flame: