Landmark decision: U.S. Supreme Court cites false claims as a basis for striking down dealth penalty in child rape cases

Landmark decision: U.S. Supreme Court cites false claims as a basis for striking down dealth penalty in child rape cases

In a 5-4 decision, the Supreme Court on Wednesday overturned the death sentence of a Louisiana man convicted of the aggravated rape of his 8-year-old stepdaughter. Patrick Kennedy v. Louisiana, 2008 U.S. LEXIS 5262 (June 25, 2008). Justice Kennedy, writing for the majority, explained that the practice imposing the death penalty for child rape violated "evolving standards of decency," the yardstick the court uses to decide whether a punishment is cruel and unusual.

The court expressly noted that one of the bases for its holding that the death penalty is unconstitutional for child rape is the risk of false claims.