Background:
   Patrick Kennedy was found guilty of rape by a Louisiana court and was sentenced to death. In Lousiana, at that time, the law said that if a rape occurs and the victim is under 12 years old the death sentence may be given. Kennedy appealed saying that that law was unconstitutional.



Issue:
   Does giving the death sentence for a child rape violate the Eigth amendment clause of cruel and unusual punishment?


Decision:
   The Supreme Court ruled in a 5v4 decision for kennedy stating that it was unconstitutional.
    M: Kennedy Stevens Souter Ginsburg Breyer
    D:Alito Roberts Scalia Thomas



Opinion:
    Although ethically Kennedy deserves to be killed, sentencing someone to death because of a rape crime is unusual. The majority of the states do not execute people for rape. This sentence would violate the national consensus. The decisions from Coker V. Georgia should apply to everyone and should not matter what age the person is. On the other hand, it's also important to consider the effect of the girls life. Kennedy may have just ruined her life and cause her to have many negatives in her life because of this, maybe even ultimately stopping it. This may be just as bad as killing someone