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Subject: Can he spell ?

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Who Cares..

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Date Posted: 18:16:43 07/23/08 Wed

WASHINGTON -- The Supreme Court on Wednesday struck down a law allowing the execution of people convicted of a raping a child.

In a 5-4 vote, the court said the Louisiana law allowing the death penalty to be imposed in such cases violates the Constitution's ban on cruel and unusual punishment.

The case involved Patrick Kennedy, 43, who was convicted for the rape of his 8-year-old stepdaughter.

Justice Anthony Kennedy and four liberal colleagues wrote that the death penalty is not a "proportional punishment" for the rape of a child. The four more conservative justices dissented.

There has not been an execution in the United States for a crime that did not also involve the death of the victim in 44 years.

The Supreme Court banned executions for rape in 1977 in a case in which the victim was a grown woman.

Louisiana Gov. Bobby Jindal voiced outrage at the ruling.

"We will evaluate ways to amend our statute to maintain death as a penalty for this horrific crime," Jindal said in a statement.

The opinion reflects "a clear abuse of judicial authority, trampling the constitutional authority of states to act through the legislative process."

"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 said. "One Justice said that 'the death penalty is not a proportional punishment for the rape of a child.' That is incredibly absurd."

Sen. David Vitter voiced similar sentiments earlier in the day.

"The penalty of execution exists for the most heinous criminal offenses committed by individuals with little or no disregard for their fellow citizens," Vitter said. "The rape of a child is undoubtedly a heinous offense and one that is unfathomable for most Americans to even comprehend."

Forty-five states ban the death penalty for any kind of rape, and the other five states allow it for child rapists.

But only two people -- both in Louisiana -- have been condemned to death for a rape that was not accompanied by a killing.

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