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Kennedy v. Louisiana
''Kennedy v. Louisiana'', , was a landmark decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishments Clause did not permit a state to punish the crime of rape of a child with the death penalty; more broadly, the power of the state to impose the death penalty against an individual for committing a crime that did not result in the death of the victim is now limited to crimes against the state (e.g., espionage, treason).
==Background==
Patrick O'Neal Kennedy (born December 13, 1964), a man from Harvey, Louisiana in Greater New Orleans,〔Purpura, Paul. "(Patrick Kennedy, whose conviction led to ban on executing child rapists, to remain in prison during appeal )." ''The Times-Picayune''. December 20, 2013. Retrieved on March 16, 2014.〕 was sentenced to death after being convicted of raping and sodomizing his eight-year-old stepdaughter. The rape was uncommonly brutal: it tore the victim's perineum "from her vaginal opening to her anal opening. () tore her vagina on the interior such that it separated partially from her cervix and allowed her rectum to protrude into her vagina. Invasive emergency surgery was required to repair these injuries."〔(【引用サイトリンク】at=27:28–27:45 )〕 Kennedy maintained that the battery was committed by two neighborhood boys, and refused to plead guilty when a deal was offered to spare him from a death sentence. Nevertheless, he was convicted in 2003 and sentenced under a 1995 Louisiana law that allowed the death penalty for the rape of a child under the age of 14; the law was ruled unconstitutional in 2008.〔(Louisiana Revised Statutes §§ 14:42(A)(4), (D)(2)(a). )〕
On appeal, Kennedy challenged the constitutionality of executing a person solely for child rape, and the Louisiana Supreme Court rejected the challenge on the grounds that the death penalty was not too harsh for such a heinous offense.〔See ''Louisiana v. Kennedy'', (957 So.2d 757 ) (La. 2007)〕 The court distinguished the U.S. Supreme Court's plurality decision in ''Coker v. Georgia'' (1977), concluding that ''Cokers rejection of death as punishment for rape of an ''adult'' woman did not apply when the victim was a child. Rather, the Louisiana Supreme Court applied a balancing test set out by the U.S. Supreme Court in more recent death penalty cases, ''Atkins v. Virginia'' and ''Roper v. Simmons'', first examining whether there is a national consensus on the punishment and then considering whether the court would find the punishment excessive. The Louisiana Supreme Court concluded that the adoption of similar laws in five other states, coupled with the unique vulnerability of children, satisfied ''Atkins'' and ''Roper''.〔''Id.''; see also 〕
Kennedy was one of two men in the country under sentence of death for a crime other than murder; the other, Richard L. Davis, had been sentenced under the same Louisiana law. Kennedy sought direct review of the Louisiana Supreme Court's decision in the Supreme Court of the United States,〔See ("Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where the validity of ... a statute of any State is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States....")〕 which agreed to hear the case in January 2008.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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