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Kennedy v. Louisiana

By Karl R. Keys, Esq.

In a few short hours the Roberts Court will hear arguments in Kennedy v. Louisiana. In the 31 years since Coker v. Georgia most assumed a state could not impose the death penalty for a non-homicide offense.   Louisiana legislators thought otherwise and made capital certain types of rape, specifically child rape. 43 years ago Missouri conducted the last execution for rape. Six states permit death for at least some form of rape. JTwo men on death row in Angola, Louisiana are the only men currently on death row for this offense in the country.   Indeed, as Billy Sothern, a lawyer with the Capital Appeals Project in Louisiana notes: “[t]hese are the only two men on any death row in any Western democracy for this offense.” Essentially Kennedy can win on either of his two chief arguments...continue to full post

Full post as published by Capital Defense Weekly on April 16, 2008 (boomark / email).