All Posts Tagged With: "8th Amendment"

Most Important Presidential Election Numbers 5-4.

Many believe the most important number for the November Presidential election is 5-4 symbollic of the liberal-conservative split on the U. S. Supreme Court, and almost as if taking its cue the The U. S. Supreme Court on Wednesday outlawed executions of people convicted of 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 death penalty is not a proportional punishment for the rape of a child,” Justice Anthony Kennedy wrote in his majority opinion. His four liberal colleagues joined him, while the four more conservative justices dissented.

The court ruling involved a 43-year old man who raped his 8-year old step daughter, and was convicted and sentences to death. 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 an adult woman.

In dissent Justice Alito said, “The harm that is caused to the victims and to society at large by the worst child rapists is grave,” Alito wrote. “It is the judgment of the Louisiana lawmakers and those in an increasing number of other states that these harms justify the death penalty.”

The 8^th Amendment reads, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

The split is being evoked about allegations Roe versus Wade would be overturned by a McCain admnistration.