Citation

Fleming AF. J. Crim. Law Criminol. 1999; 89(2): 717-750.

Copyright

(Copyright © 1999, Northwestern University School of Law)

DOI

unavailable

PMID

unavailable

Abstract

This Comment proposes that imposing the death penalty for child rape is unconstitutional because the Eighth Amendment prohibits punishments that are disproportionate to the crimes for which they are imposed. Part II reviews the background law involving the Eighth Amendment and relevant Supreme Court case law. Part III analyzes the issues presented by the decision in State v. Wilson and discusses four hurdles for the Louisiana statute: (1) a procedural hurdle which insures against arbitrary and capricious imposition of the death penalty; (2) that the punishment must not be excessive in relation to the crime; (3) that the punishment must serve a legitimate goal beyond the needless imposition of pain and suffering; and (4) that a punishment must not be so severe as to be unacceptable to contemporary society. Part IV concludes that the Louisiana statute will likely be struck down when it reaches the Supreme Court of the United States because it is excessive punishment for the crime of rape.