Kennedy v. Louisiana
United States Supreme Court
554 U.S. 407 (2008)
Relevant factsFree
Patrick Kennedy (defendant) was convicted of aggravated rape of his eight-year-old stepdaughter, and a jury imposed the death penalty under a Louisiana statute authorizing capital punishment for raping a child under 12. Kennedy appealed, arguing the sentence violated the Eighth Amendment's prohibition on cruel and unusual punishment; the Louisiana Supreme Court affirmed, and the U.S. Supreme Court granted certiorari.
IssueFree
Whether the Eighth Amendment prohibits imposition of the death penalty in a criminal case that does not result in the death of a victim.