Kennedy vs. Louisiana, Essay Example

Based upon the ruling in Kennedy v. Louisiana, it is believed that by convicting the accused of murder for a non-murderous defense was not a fair and equitable consideration of the law (Kennedy v Louisiana).  However, since the crime of raping a child is perhaps one of the most heinous crimes that exists, it is not surprising that there is much controversy regarding this decision, and that there must be considered as based upon “proportion to the crime” (Kennedy v Louisiana). Despite this ruling, the crime of rape committed against any minor, and in particular, a young child, is deplorable, and should be treated accordingly with the maximum possible punishment. The State of Louisiana has served as a prime example of how to consider these cases from a legal perspective, and has, in turn, considered the constitutionality of the death sentence for the crime of child rape (Mears). The nature of this crime is so difficult to even imagine that the only viable choice is to ensure that those persons that commit these crimes are punished to the maximum extent of the law, even if the punishment does not necessarily fit the crime. Any crime against a child that is as brutal as child rape should be punished accordingly, despite arguments against this choice. The legal ramifications of this alternative are highly controversial, but they reflect a challenging set of perspectives and choices that must be examined on a case by case basis, while also considering the laws of each state and how these support the desired punishment and results for each offender. These offenders should be punished accordingly, and must be considered in each state at the court level.

References

Kennedy v Louisiana: the United States Supreme Court erroneously finds a national consensus against the use of the death penalty for the crime of child rape, 42 Creighton Law Review 4 (2009)

Mears, Rape a child, pay with your life, CNN, http://www.cnn.com/2008/CRIME/04/15/rape.execution/index.html  (Accessed July 8, 2010)