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    Criminal Law - Death Penalty and rape

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    In 2008, the U.S. Supreme Court ruled in the case of Kennedy v. Louisiana that imposing the death penalty for the crime of child rape would make the punishment so disproportionate to the offense that it would violate the 8th Amendment's prohibition on cruel and unusual punishment.

    Do you agree that the death penalty is disproportionate to the crime of raping a person under the age of 12? Give 5 reasons to support your answer.

    (Answer provided in approximately 100 words.)

    © BrainMass Inc. brainmass.com October 10, 2019, 5:18 am ad1c9bdddf
    https://brainmass.com/law/history-and-philosophy-of-law/criminal-law-death-penalty-rape-500348

    Solution Preview

    The death penalty is disproportionate for the crime of rape in any circumstance because:

    1. It violates the 8th amendment's clause against cruel and unusual punishment.
    2. The punishment does ...

    Solution Summary

    This solution explains why the death penalty should not be used for rape.

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