WASHINGTON - The Supreme Court on Wednesday outlawed executions of people convicted of raping a child.
In a 5-4 vote, the court said the Louisiana law allowing the death penalty to be imposed in such cases violates the Constitution's ban on cruel and unusual punishment.
"The death penalty is not a proportional punishment for the rape of a child," Justice Anthony Kennedy wrote in his majority opinion. His four liberal colleagues joined him, while the four more conservative justices dissented.
There has not been an execution in the United States for a crime that did not also involve the death of the victim in 44 years.
More here...
http://news.yahoo.com/s/ap/20080625/ap_on_go_su_co/scotus_child_rape
Very sad decision for both kids and states and it looks like Kennedy is happily playing his part as the swinging thorn in the side of the constitution. Whats more I was unaware that we determined constitutionality by "consensus". One of the very few instances where 'its for the children' seems applicable.
In a 5-4 vote, the court said the Louisiana law allowing the death penalty to be imposed in such cases violates the Constitution's ban on cruel and unusual punishment.
"The death penalty is not a proportional punishment for the rape of a child," Justice Anthony Kennedy wrote in his majority opinion. His four liberal colleagues joined him, while the four more conservative justices dissented.
There has not been an execution in the United States for a crime that did not also involve the death of the victim in 44 years.
More here...
http://news.yahoo.com/s/ap/20080625/ap_on_go_su_co/scotus_child_rape
Very sad decision for both kids and states and it looks like Kennedy is happily playing his part as the swinging thorn in the side of the constitution. Whats more I was unaware that we determined constitutionality by "consensus". One of the very few instances where 'its for the children' seems applicable.