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In Kennedy v. Louisiana (2008), the U.S. Supreme Court ruled that the death penalty is an excessive punishment for the crime of child rape. The Court, in a 5-4 decision, found that executing Patrick Kennedy for raping his 8-year-old stepdaughter would violate the Eighth Amendment, which prohibits cruel and unusual punishments.12

This ruling extended previous Supreme Court decisions that had limited the application of the death penalty. Notably, in Coker v. Georgia (1977), the Court had already determined that the death penalty was disproportionate for the crime of raping an adult woman. The Kennedy decision affirmed that the death penalty is not a proportional punishment for crimes against children that do not involve murder.31

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