Dartblog

The Supreme Court ruled today that the death penalty when applied to inmates imprisoned for rape is cruel and unusual punishment and therefore unconstitutional under the Eighth Amendment of the Constitution. This ruling responded to the case of Patrick Kennedy, an inmate in Louisiana condemned to death for the rape of his 8 year old step-daughter. Though no one has been executed for sexual assault since 1976, several states have laws permitting the death penalty for those who rape children. Some of these states only apply the death penalty after multiple offenses or for especially young victims. Now all of these laws are unconstitutional. The death penalty is very controversial as the United States is one of the last Western nations to permit it- all nations in the European Union banned it as a requirement of their membership. Even within the United States, policies on the death penalty vary widely. There are currently 37 states with death penalty statutes on the books, but many others that technically allow capital punishment have not exercised their authority since 1976.

In the last year, only 21 people have been executed, though that was partially the result of the effective moratorium that began when the Supreme Court agreed to hear a Kentucky case challenging the constitutionality of lethal injection as a method of execution. This process was upheld as consistent with the Constitution in Baze v. Rees, ensuring that the death penalty will continue to be used in cases of murder for the forseeable future.

My personal feelings on the death penalty are conflicted, but the Republican in me rejects the idea of the federal government involving itself in a policy that has traditionally been left to the states. Rape is a particularly horrifying crime, especially when perpetrated against a helpless child. I can understand that some would hesitate to utilize the death penalty for those who have not actually taken a life, but the physical and psychological trauma that results is no less dramatic than in the case of a murder. The victims must live with the consequences for the rest of their lives. Though they continue on, their innocence is brutally taken from them. The majority opinion, authored by Justice Anthony Kennedy and joined by his liberal colleagues, discussed at length the need to limit the death penalty to the most heinous crimes. I was particularly concerned by the sweeping nature of the opinion, when the majority of affected laws had strict standards requiring at least two offenses. Not surprisingly, proponents of the law reacted with outrage to the decision.

“The opinion reads more like an out-of-control legislative debate than a constitutional analysis,” said Louisiana Gov. Bobby Jindal, a Republican. “One thing is clear: The five members of the court who issued the opinion do not share the same ‘standards of decency’ as the people of Louisiana.” Jindal is thought to be a potential vice presidential candidate for Senator John McCain. Senator Barack Obama also responded negatively to the decision, stating that the issue should remain under the authority of the states.

This decision is political in nature, but the death penalty has been less of an issue on the political stage in recent elections. I think this can be attributed to the cleavages created by this wedge issue. At the same time, however, the majority of Americans support the death penalty, making it a dangerous subject for the Democrats, and certainly a less significant issue for the upcoming election. I look forward to further reactions to this controversial decision, but I doubt that any significant action will be taken. The death penalty remains largely intact and that is of greatest importance to the affected states.