Criminal Law: Capital Punishment - Essay Example

In a case involving Patrick Kennedy of Louisiana, the accused was charged with molesting his step-daughter, and was given the death penalty. However, the Supreme Court overruled this decision by claiming that the decision was disproportionate to the crime committed. The Supreme Court deems that the death penalty is cruel and extremely unusual, especially in cases where the victim does not lose their life.

Offenders, despite having surrendered some of their rights after the crime, still have rights according to the constitution. Public degradation is a historical aspect, so it is a matter of the legal nature the capital punishment. The courts create the counter-balance that is needed to reduce the extreme nature that society may demand or exhibit in the case of the rape and murder of a child (Melusky & Pesto, 2011).