Tags: execution | child | rape

Supreme Court Upholds Ban on Execution for Child Rape

Thursday, 02 Oct 2008 02:36 PM

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink

WASHINGTON -- The U.S. Supreme Court has refused to reconsider its June ruling that banned the death penalty for people convicted of child rape, the Court announced Wednesday.

Louisiana officials and the administration of President George W. Bush sought a new hearing for capital punishment in the case of child rape, on the basis that the Court's previous ruling failed to take into account a 2006 federal law allowing the death sentence for child rape in the military justice system.

In the June 25 ruling, which was split 5-4, Justice Anthony Kennedy wrote a majority opinion that there was a "national consensus" against executing convicted rapists.

Lawyers for Louisiana appealed that "both political branches have recently and affirmatively authorized the death penalty for child rape. Such a clear expression of democratic will, at the very least, calls into question the conclusion there is a 'national consensus against' the practice."

Kennedy, along with the four justices who voted with him in the June ruling, released an amended opinion Wednesday that stated that military law for child rape "does not draw into question our conclusions that there is a consensus against the death penalty for the crime in the civilian context."

The more relevant benchmark "is federal criminal law that applies to civilians, and that law does not permit the death penalty for child rape," the justices wrote.

The original complaint came from Patrick Kennedy, 43, who was sentenced to death in 2003 for the rape of his eight-year-old daughter, the first capital case for such a crime in over 40 years.

It is rare for the Supreme Court to reopen a decided case, and would need a majority to grant the request to do so.

© 2008 Agence France Presse

-

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Retype Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Military Pilot Was Killed in Virginia F-15 Crash

Thursday, 28 Aug 2014 21:54 PM

The pilot of an F-15 jet that crashed this week in remote Virginia mountains was killed, military officials said Thursda . . .

Pennsylvania Becomes 27th State to Expand Medicaid

Thursday, 28 Aug 2014 21:34 PM

A half-million more low-income Pennsylvanians are in line to get federally funded health insurance after the U.S. Depart . . .

Joan Rivers in Medically Induced Coma After Cardiac Arrest: Report

Thursday, 28 Aug 2014 19:45 PM

Comic Joan Rivers was hospitalized in critical condition Thursday morning after she reportedly went into cardiac arrest  . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved