Supreme Court of the United States

Kennedy v. Louisiana

June 25, 2008554 U.S. 407

Summary

The Court held that the Eighth Amendment prohibits the death penalty for the rape of a child where the crime did not result in death. The Court found a national consensus against such punishment and determined in its independent judgment that the penalty is disproportionate to nonhomicide crimes.

Holding

  • Eighth Amendment proportionality for child rape. The Eighth Amendment prohibits the death penalty for the rape of a child where the crime did not result in the victim’s death.

Docket 07-343

Cited authorities

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