SCOTUS to decide if states can execute child rapists who do not kill their victims.
Occasionally I find myself blogging on issues that are of particularly interest to the legal community and may also be of some special interest to non Lawyers as well. This is one of those times, and I hope you have enjoyed reading them.
The U. S. Supreme Court in, Kennedy v. Louisiana, 07-343, has decided to grant certiorari (read Kennedy's brief urging Supreme Court review and the state's brief urging the Court to deny Certiorari) in the case involving a death row inmate who was convicted of raping his 12 year old step daughter (Louisiana has now increased the age thresh hold to 13).
The man, Patrick Kennedy of Louisiana, no relation to the other Patrick Kennedy, is now the second person challenging such a death sentence (upheld by the Georgia Supreme Court) on the grounds that he CANNOT be put to death for his crime of rape, without violating the Constitution's prohibition against cruel and unusual punishment when he did not kill his victim.
Currently, five states, like Louisiana, now have capital punishment for child rape, all enacted since 1997 with the most recent, in Texas, in 2007.
A couple of factors lead me to believe that the Court will use this case to outlaw execution for the crime of rape: (1) The Court granted Certiorari in this case despite the STRONG argument of the state against it, suggesting that the Court sees something WRONG in the case; and (2) In a previous case, Coker v. Georgia, 433 U.S. 584 (1977), the Court "... concluded that a sentence of death [in a case involving an adult] is grossly disproportionate and excessive punishment for the crime of rape, and is therefore forbidden by the Eighth Amendment as cruel and unusual punishment."
Caveat: Sure enough, it is true that the makeup of the Court has changed since 1977 when Coker was decided, but I still venture to guess a minimum of 6 (against the other 3) Justices will agree to extend Coker to Kennedy.
Stay tuned, as we'll soon find out when the Court issues its ruling before the end of its term in October.
In other criminal cases that may be of interest to legal practitioners, the Court would decide in, Irizarry v. U.S. (06-7517), whether Eleventh Circuit Court is correct for ruling that a judge must not give both sides advance notice before imposing a sentence that departs from the Sentencing Guidelines, now that those guidelines are advisory under UNITED STATES V. BOOKER (04-104), 543 U.S. 220 (2005) previously discussed on this blog.
In the other case, the Court will decide in, Greenlaw v. U.S. (07-330), whether a federal appeals court may increase a criminal sentence on its own, where the government has not filed an appeal or requested the sentence increase.
Stay tuned for these cases, too.
The U. S. Supreme Court in, Kennedy v. Louisiana, 07-343, has decided to grant certiorari (read Kennedy's brief urging Supreme Court review and the state's brief urging the Court to deny Certiorari) in the case involving a death row inmate who was convicted of raping his 12 year old step daughter (Louisiana has now increased the age thresh hold to 13).
The man, Patrick Kennedy of Louisiana, no relation to the other Patrick Kennedy, is now the second person challenging such a death sentence (upheld by the Georgia Supreme Court) on the grounds that he CANNOT be put to death for his crime of rape, without violating the Constitution's prohibition against cruel and unusual punishment when he did not kill his victim.
Currently, five states, like Louisiana, now have capital punishment for child rape, all enacted since 1997 with the most recent, in Texas, in 2007.
A couple of factors lead me to believe that the Court will use this case to outlaw execution for the crime of rape: (1) The Court granted Certiorari in this case despite the STRONG argument of the state against it, suggesting that the Court sees something WRONG in the case; and (2) In a previous case, Coker v. Georgia, 433 U.S. 584 (1977), the Court "... concluded that a sentence of death [in a case involving an adult] is grossly disproportionate and excessive punishment for the crime of rape, and is therefore forbidden by the Eighth Amendment as cruel and unusual punishment."
Caveat: Sure enough, it is true that the makeup of the Court has changed since 1977 when Coker was decided, but I still venture to guess a minimum of 6 (against the other 3) Justices will agree to extend Coker to Kennedy.
Stay tuned, as we'll soon find out when the Court issues its ruling before the end of its term in October.
In other criminal cases that may be of interest to legal practitioners, the Court would decide in, Irizarry v. U.S. (06-7517), whether Eleventh Circuit Court is correct for ruling that a judge must not give both sides advance notice before imposing a sentence that departs from the Sentencing Guidelines, now that those guidelines are advisory under UNITED STATES V. BOOKER (04-104), 543 U.S. 220 (2005) previously discussed on this blog.
In the other case, the Court will decide in, Greenlaw v. U.S. (07-330), whether a federal appeals court may increase a criminal sentence on its own, where the government has not filed an appeal or requested the sentence increase.
Stay tuned for these cases, too.
Labels: Crime, Justice, U. S. Supreme Court
posted by KYJurisDoctor at 12:31 AM
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