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Many people are saying there is little difference between the political ideologies of Barack Obama and John McCain. Here's one:
Kennedy vs. Louisiana, ___ U.S. ___ (Sup.Ct., June 25, 2008).
This case was decided by a 5 to 4 vote. The 5 who voted with the majority, hold liberal ideologies with regard to the rights of criminal defendants. Here is an excerpt from the Supreme Court's order issued today:
Louisiana charged [the defendant] with the aggravated rape of his then-8year-old stepdaughter. He was convicted and sentenced to death under a state statute authorizing capital punishment for the rape of achild under 12. *** Reasoning that children are a class in need of special protection, the state court held child rape to be unique in terms of the harm it inflicts upon the victim and society and concluded that, short of first-degree murder, there is no crime more deserving of death. ***
[The U.S. Supreme Court] Held: The Eighth Amendment to the U.S. Constitution bars Louisiana [from executing anyone convicted of raping a minor under the age of 12 years.]
Here is direct quotation from the Court's opinion regarding what happened to the minor victim who was 8-years old at the time:
L. H. was transported to the Children’s Hospital. An expert in pediatric forensic medicine testified that L. H.’s injuries were the most severe he had seen from a sexualassault in his four years of practice. A laceration to the left wall of the vagina had separated her cervix from the back of her vagina, causing her rectum to protrude intothe vaginal structure. Her entire perineum was torn fromthe posterior fourchette to the anus. The injuries required emergency surgery.
The 4 Supreme Court Justices who dissented (ie: believed the sentence of death did not violate the Constitution) hold conservative views regarding constitutional restrictions upon criminal laws. Two of these four were appointed by George W. Bush.
Here is an excerpt from Justice Alito's dissenting opinon which was joined by the other 3 justices (all appointed by a Republican President) who believed that the sentence of death was not cruel and unusual punishment and was not, therefore, unconstitutional:
The Court today holds that the Eighth Amendment [always] prohibits the imposition of the death penalty for the crime of raping a child. This is so, according to the Court, no matter how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime, no matter how much physical or psychological trauma is inflicted, and no matter how heinous the perpetrator’s prior criminal record may be. *** I dissent.
Kennedy vs. Louisiana, ___ U.S. ___ (Sup.Ct., June 25, 2008).
This case was decided by a 5 to 4 vote. The 5 who voted with the majority, hold liberal ideologies with regard to the rights of criminal defendants. Here is an excerpt from the Supreme Court's order issued today:
Louisiana charged [the defendant] with the aggravated rape of his then-8year-old stepdaughter. He was convicted and sentenced to death under a state statute authorizing capital punishment for the rape of achild under 12. *** Reasoning that children are a class in need of special protection, the state court held child rape to be unique in terms of the harm it inflicts upon the victim and society and concluded that, short of first-degree murder, there is no crime more deserving of death. ***
[The U.S. Supreme Court] Held: The Eighth Amendment to the U.S. Constitution bars Louisiana [from executing anyone convicted of raping a minor under the age of 12 years.]
Here is direct quotation from the Court's opinion regarding what happened to the minor victim who was 8-years old at the time:
L. H. was transported to the Children’s Hospital. An expert in pediatric forensic medicine testified that L. H.’s injuries were the most severe he had seen from a sexualassault in his four years of practice. A laceration to the left wall of the vagina had separated her cervix from the back of her vagina, causing her rectum to protrude intothe vaginal structure. Her entire perineum was torn fromthe posterior fourchette to the anus. The injuries required emergency surgery.
The 4 Supreme Court Justices who dissented (ie: believed the sentence of death did not violate the Constitution) hold conservative views regarding constitutional restrictions upon criminal laws. Two of these four were appointed by George W. Bush.
Here is an excerpt from Justice Alito's dissenting opinon which was joined by the other 3 justices (all appointed by a Republican President) who believed that the sentence of death was not cruel and unusual punishment and was not, therefore, unconstitutional:
The Court today holds that the Eighth Amendment [always] prohibits the imposition of the death penalty for the crime of raping a child. This is so, according to the Court, no matter how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime, no matter how much physical or psychological trauma is inflicted, and no matter how heinous the perpetrator’s prior criminal record may be. *** I dissent.
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