Moot Court: Kennedy v. Louisiana

KGSM Student Radio

Each spring, Alisa Rosenthal’s Constitutional Law II: Civil Rights and Liberties class tries an actual supreme court case before a simulated court in what is called a Moot Court exercise, this is the oral argument audio from that case.

From the Oyez Project:

A Louisiana court found Patrick Kennedy guilty of raping his eight-year-old stepdaughter.Louisiana law allows the district attorney to seek the death penalty for defendants found guilty of raping children under the age of twelve. The prosecutor sought, and the jury awarded, such a sentence; Kennedy appealed.

The Louisiana Supreme Court affirmed the imposition of the death sentence, noting that although the U.S. Supreme Court had struck down capital punishment for rape of an adult woman in Coker v. Georgia, that ruling did not apply when the victim was a child. Rather the Louisiana high court applied a balancing test set out by the Court in Atkins v. Virginiaand Roper v. Simmons, first examining whether there is a national consensus on the punishment and then considering whether the court would find the punishment excessive. In this case, the Louisiana Supreme Court felt that the adoption of similar laws in five other states, coupled with the unique vulnerability of children, justified imposing the death penalty.

In seeking certiorari, Kennedy argued that five states do not constitute a “national consensus” for the purposes of Eighth Amendment analysis, that Coker v. Georgia should apply to all rapes regardless of the age of the victim, and that the law was unfair in its application, singling out black child rapists for death at a significantly higher rate than whites.