Legal Commentary

Supreme Court Won't Change Decision Preventing Executions for Child Rape

By Jeralyn

Good news today from the Supreme Court. Its decision in June in Kennedy v. Louisiana invalidating state laws that allow execution of those convicted of child rape that did not result in death will stand, despite complaints about a factual inaccuracy in the opinion.

In its 5-to-4 decision in June, the court reasoned that, because so few states allowed the execution of child rapists, there was a national consensus against applying the ultimate punishment to such criminals. Not long afterward, it was disclosed that the lawyers arguing the case, and the justices themselves, had been unaware of a 2006 amendment to the Uniform Code of Military Justice, specifically making child rape committed by service members a capital crime.

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The 2006 change to the military-justice code merely tinkered with a statute that had authorized capital punishment for the rapes of children (and adults) all along, he wrote. Besides, he said, “authorization of the death penalty in the military sphere does not indicate that penalty is constitutional in the civilian context.”

Two judges voted to rehear the case -- Thomas and Alito.

The order denying rehearing but containing the factual modification is here. The full corrected opinion is here.

Sex Crimes Blog has this resource page devoted to the case.

Full post as published by TalkLeft on October 01, 2008 (boomark / email).