kennedy louisiana argued april decided june louisiana charged petitioner aggravated rape stepdaughter convicted sentenced death state statute authorizing capital punishment rape child state affirmed rejecting petitioner reliance coker georgia barred use death penalty punishment rape adult woman left open question nonhomicide crimes punished death consistent eighth amendment reasoning children class need special protection state held child rape unique terms harm inflicts upon victim society concluded short murder crime deserving death acknowledged petitioner first person executed since state law amended authorize death penalty child rape louisiana minority jurisdictions authorizing death crime however emphasizing four capitalized child rape since least eight others authorized death nonhomicide crimes well roper simmons atkins virginia direction change rather numerical count significant held petitioner death sentence constitutional held eighth amendment bars louisiana imposing death penalty rape child crime result intended result victim death pp amendment cruel unusual punishment clause draw meaning evolving standards decency mark progress maturing society trop dulles standard extreme cruelty remains applicability must change basic mores society change furman georgia precept justice punishment graduated proportioned crime informed evolving standards capital punishment must limited offenders commit narrow category serious crimes whose extreme culpability makes deserving execution roper supra applying principle held roper atkins execution juveniles mentally retarded persons violates eighth amendment offender diminished personal responsibility crime also found death penalty disproportionate crime crime result intended result victim death see coker supra enmund florida making determination guided objective indicia society standards expressed legislative enactments state practice respect executions roper supra consensus dispositive however whether death penalty disproportionate crime also depends standards elaborated controlling precedents understanding interpretation eighth amendment text history meaning purpose pp review authorities informed contemporary norms including history death penalty nonhomicide crimes current state statutes new enactments number executions since demonstrates national consensus capital punishment crime child rape pp follows approach cases objective indicia consensus demonstrated opinion death penalty juveniles see roper supra mentally retarded offenders see atkins supra vicarious felony murderers see enmund supra jurisdictions plus federal government currently impose capital punishment six authorize child rape jurisdictions contrast petitioner executed child rape kind number surpasses atkins roper enmund prohibited death penalty circumstances cases considered pp respondent argument coker general discussion contrasting murder rape interpreted expansively leading conclude coker applies child rape fact unsound coker holding narrower language read isolation indicates coker plurality framed question whether respect rape adult woman death penalty disproportionate punishment repeated phrase adult woman adult female eight times discussing crime victim distinction adult child rape merely rhetorical central coker reasoning including analysis legislative consensus see little evidence support respondent contention state legislatures understood coker state broad rule covers minor victims state courts uniformly concluded coker address crime accordingly small number enacted death penalty child rape relevant determining whether consensus capital punishment rape child pp consistent direction change support death penalty child rape might counterbalance otherwise weak demonstration consensus see atkins showing consistent change made five may pending legislation authorizing death child rape dispositive practice sound find contemporary norms based legislation proposed yet enacted indeed since parties submitted briefs legislation least two five failed evidence last years six new death penalty statutes enacted three last two years significant data atkins enacted legislation prohibiting execution mentally retarded persons see respondent argues case like roper five shifted positions one less state see roper emphasized slow pace abolition counterbalanced total number recognized impropriety executing juvenile offenders see fact six made child rape capital offense indication trend change direction comparable one roper evidence bears closer resemblance enmund found national consensus death vicarious felony murder despite eight jurisdictions authorized see pp execution statistics also confirm social consensus death penalty child rape nine permitted capital punishment adult child rape length time furman decision today yet individual executed rape adult child since execution nonhomicide offense conducted since louisiana state since sentenced individual death child rape petitioner another man sentenced individuals death row nonhomicide offenses pp informed precedents understanding constitution rights secures concludes independent judgment death penalty proportional punishment crime child rape pp judgment brought bear death penalty acceptability eighth amendment see coker supra rape permanent devastating impact child suggests moral grounds questioning rule barring capital punishment simply crime result victim death follow death proportionate penalty child rape constitutional prohibition excessive cruel unusual punishments mandates punishment exercised within limits civilized standards trop evolving standards decency counsel hesitant allowing extension death penalty especially life taken commission crime see coker enmund consistent evolving standards teachings precedents concludes distinction intentional murder one hand nonhomicide crimes individuals even including child rape latter crimes may devastating harm terms moral depravity injury person public compare murder severity irrevocability id finds significant substantial number executions allowed child rape respondent approach although narrowing aggravators might used ensure death penalty restrained application context context capital murder standards potential result inconsistency application example acknowledged requirement general rules ensure consistency treatment see godfrey georgia insistence capital sentencing individualized see woodson north carolina resulted tension imprecision approach might sound respect capital murder introduced justice system death occurred spent years developing foundational jurisprudence capital murder guide juries imposing death penalty beginning process crimes one executed years require experimentation area failed experiment result execution individuals undeserving death pp decision consistent justifications offered death penalty retribution deterrence see gregg georgia among factors determining whether retribution served must look whether death penalty balances wrong victim nonhomicide cases cf roper supra evident child rape victim hurt lessened law permits perpetrator death given capital cases require commitment testifying prosecution society desire inflict death child rape enlisting child victim assist course years asking capital punishment forces moral choice child mature age make choice also relevant systemic concerns prosecuting child rape including documented problem unreliable induced even imagined child testimony creates special risk wrongful execution cases cf atkins supra deterrence evidence suggests death penalty may result effective enforcement may add risk nonreporting child rape fear negative consequences perpetrator especially family member effect making punishment child rape murder equivalent state may remove strong incentive rapist kill victim pp concern holding effectively block development consensus favoring death penalty child rape overlooks principle eighth amendment defined evolving standards decency mark progress maturing society trop confirmed repeated consistent rulings principle requires resort capital punishment restrained limited instances application reserved worst crimes case crimes individuals take victim life reversed remanded kennedy delivered opinion stevens souter ginsburg breyer joined alito filed dissenting opinion roberts scalia thomas joined patrick kennedy petitioner louisiana writ certiorari louisiana june justice kennedy delivered opinion national government beyond separate bound proscriptive mandates eighth amendment constitution persons within respective jurisdictions may invoke protection see amdts robinson california patrick kennedy petitioner seeks set aside death sentence eighth amendment charged respondent state louisiana aggravated rape stepdaughter jury trial petitioner convicted sentenced death state statute authorizing capital punishment rape child years age see la stat ann west supp case presents question whether constitution bars respondent imposing death penalty rape child crime result intended result death victim hold eighth amendment prohibits death penalty offense louisiana statute unconstitutional petitioner crime one recounted pages way sufficient capture full hurt horror inflicted victim convey revulsion society jury represents sought express sentencing petitioner death march petitioner called report stepdaughter referred raped told operator garage readied son school upon hearing loud screaming petitioner said ran outside found side yard two neighborhood boys petitioner told operator dragged garage yard pushed raped petitioner claimed saw one boys riding away blue bicycle police arrived petitioner home found bed wearing wrapped bloody blanket bleeding profusely vaginal area petitioner told police carried yard bathtub bed consistent explanation police found thin line blood drops garage way house stairs bedroom petitioner used basin water cloth wipe blood victim later prevented medical personnel collecting reliable dna sample transported children hospital expert pediatric forensic medicine testified injuries severe seen sexual assault four years practice laceration left wall vagina separated cervix back vagina causing rectum protrude vaginal structure entire perineum torn posterior fourchette anus injuries required emergency surgery scene crime hospital first weeks followed petitioner maintained accounts investigators raped two neighborhood boys one doctors testified trial told hospital personnel version rape although reportedly told one family member petitioner raped interviewed several days rape psychologist interview videotaped lasted three hours two days introduced evidence trial tape one see difficulty discussing subject rape spoke haltingly long pauses frequent movement early interview expressed reservations questions asked going tell story want change want say dad want say tell story def exh told psychologist playing garage boy came asked girl scout cookies selling boy pulled legs backyard placed hand mouth pulled shorts def exh raped eight days crime despite insistence petitioner offender petitioner arrested rape state investigation drawn accuracy petitioner story question though defense trial proffered alternative explanations case prosecution credited jury based upon following evidence inspection side yard immediately assault inconsistent rape occurred grass found mostly undisturbed small patch coagulated blood petitioner said one perpetrators fled crime scene blue bicycle gave inconsistent descriptions bicycle features handlebars investigators found bicycle matching petitioner description tall grass behind nearby apartment petitioner identified bicycle one perpetrators riding yet tires flat gears covered spider webs addition police found blood underside mattress convinced rape took place bedroom outside house police also found petitioner made two telephone calls morning rape sometime petitioner called employer left message unavailable work day petitioner called back ask colleague get blood white carpet daughter become young lady brief respondent petitioner called carpet cleaning requested urgent assistance removing bloodstains carpet petitioner call hour half later month petitioner arrest removed custody mother maintained point petitioner involved rape june returned home told mother first time petitioner raped december months rape recorded accusation videotaped interview child advocacy center state charged petitioner aggravated rape child la stat ann west supp sought death penalty times relevant petitioner case statute provided aggravated rape rape committed anal vaginal sexual intercourse deemed without lawful consent victim committed one following circumstances victim age twelve years lack knowledge victim age shall defense whoever commits crime aggravated rape shall punished life imprisonment hard labor without benefit parole probation suspension sentence however victim age twelve years provided paragraph section district attorney seeks capital verdict offender shall punished death life imprisonment hard labor without benefit parole probation suspension sentence accordance determination jury since petitioner convicted sentenced statute amended include oral intercourse within definition aggravated rape increase age victim see la stat ann west supp aggravating circumstances set forth la code crim proc art west pertinent part times relevant petitioner case provision stated following shall considered aggravating circumstances offender engaged perpetration attempted perpetration aggravated rape forcible rape aggravated kidnapping second degree kidnapping aggravated burglary aggravated arson aggravated escape assault shooting armed robbery first degree robbery simple robbery victim age twelve years years age older trial began august years old testified one morning patrick top remembered petitioner bringing cup orange juice pills chopped rape overhearing telephone saying become young lady pp la acknowledged accused two neighborhood boys testified petitioner told say untrue jury found petitioner guilty aggravated rape penalty phase ensued state presented testimony cousin goddaughter petitioner testified petitioner sexually abused three times eight years old last time involved sexual intercourse tell anyone two years later pursue legal action jury unanimously determined petitioner sentenced death louisiana affirmed see see also state wilson la upholding constitutionality death penalty child rape rejected petitioner reliance coker georgia noting coker bars use death penalty punishment rape adult woman left open question nonhomicide crimes punished death consistent eighth amendment class need special protection state reasoned rape child unique terms harm inflicts upon victim society acknowledged petitioner first person executed committing child rape since la stat ann amended louisiana minority jurisdictions authorize death penalty crime child rape following approach roper simmons atkins virginia found significant numerical counting tates stand particular capital prosecution direction change emphasis deleted since explained four oklahoma south carolina montana georgia capitalized crime child rape least eight authorized capital punishment nonhomicide crimes count permitting capital punishment plus federal government allowed death penalty nonhomicide crimes allowed death penalty crime child rape see state next asked whether child rapists rank among worst offenders noted severity crime execution child rapists serve goals deterrence retribution unlike atkins roper characteristics petitioner tended mitigate moral culpability concluded hort murder think crime deserving capital punishment reasoning louisiana rejected petitioner argument death penalty rape child years disproportionate upheld constitutionality statute chief justice calogero dissented coker supra eberheart georgia view set easily administered rule eighth amendment precludes capital punishment offense involve death victim granted certiorari see ii eighth amendment applicable fourteenth amendment provides xcessive bail shall required excessive fines imposed cruel unusual punishments inflicted amendment proscribes excessive punishments well cruel unusual punishments may may excessive atkins explained atkins roper supra eighth amendment protection excessive cruel unusual punishments flows basic precept justice punishment crime graduated proportioned offense weems whether requirement fulfilled determined standards prevailed eighth amendment adopted norms currently prevail atkins supra amendment draw meaning evolving standards decency mark progress maturing society trop dulles plurality opinion standard extreme cruelty merely descriptive necessarily embodies moral judgment standard remains applicability must change basic mores society change furman georgia burger dissenting evolving standards decency must embrace express respect dignity person punishment criminals must conform rule see trop supra plurality opinion shall discuss punishment justified one three principal rationales rehabilitation deterrence retribution see harmelin michigan kennedy concurring part concurring judgment see also part infra last retribution often contradict law ends particular concern interprets meaning eighth amendment capital cases law punishes death risks sudden descent brutality transgressing constitutional commitment decency restraint reasons explained capital punishment must limited offenders commit narrow category serious crimes whose extreme culpability makes deserving execution roper supra quoting atkins supra though death penalty invariably unconstitutional see gregg georgia insists upon confining instances punishment imposed applying principle held roper atkins execution juveniles mentally retarded persons punishments violative eighth amendment offender diminished personal responsibility crime see roper supra atkins supra held death penalty disproportionate crime crime result intended result death victim coker instance held unconstitutional execute offender raped adult woman see also eberheart supra holding unconstitutional light coker sentence death kidnaping rape adult woman enmund florida overturned capital sentence defendant aided abetted robbery murder committed kill attempt kill intend killing take place hand tison arizona allowed defendants death sentences stand kill victims involvement events leading murders active recklessly indifferent substantial cases guided objective indicia society standards expressed legislative enactments state practice respect executions roper see also coker supra plurality opinion finding legislatures juries firmly rejected penalty death rape adult woman enmund supra looking historical development punishment issue legislative judgments international opinion sentencing decisions juries made inquiry end however consensus dispositive whether death penalty disproportionate crime committed depends well upon standards elaborated controlling precedents understanding interpretation eighth amendment text history meaning purpose see gregg supra joint opinion stewart powell stevens jj coker supra plurality opinion based consensus independent judgment holding death sentence one raped kill child intend assist another killing child unconstitutional eighth fourteenth amendments iii existence objective indicia consensus making crime punishable death relevant concern roper atkins coker enmund follow approach cases history death penalty crime rape instructive beginning point district columbia federal government statutes authorized death penalty rape child adult see coker supra plurality opinion people executed crimes see historical statistics earliest times present pp carter et al eds table knowledge last individual executed rape child ronald wolfe see frazier death sentences missouri history comprehensive registry legal executions pardons commutations furman invalidated state statutes authorizing death penalty crime rape furman aftermath six reenacted capital rape provisions three georgia north carolina louisiana respect rape offenses three florida mississippi tennessee respect child rape see coker supra plurality opinion six statutes later invalidated state federal law see coker supra striking georgia capital rape statute woodson north carolina plurality opinion striking north carolina mandatory death penalty statute roberts louisiana striking louisiana mandatory death penalty statute collins state striking tennessee mandatory death penalty statute buford state holding unconstitutional imposition death child rape leatherwood state miss striking death penalty child rape grounds louisiana reintroduced death penalty rape child see la stat ann west supp current statute anal vaginal oral intercourse child age constitutes aggravated rape punishable death see la stat ann west supp mistake age defense statute imposes strict liability regard five since followed louisiana lead georgia see code ann enacted montana see mont code ann enacted oklahoma see okla tit west supp enacted south carolina see code ann supp enacted texas see tex penal code ann west supp enacted see also tex penal code ann west supp four statutes narrow louisiana offenders previous rape conviction death eligible see mont code ann okla tit code ann tex penal code ann georgia statute makes child rape capital offense aggravating circumstances present including limited prior conviction see code ann supp contrast made child rape capital offense federal law congress federal death penalty act expanded number federal crimes death penalty permissible sentence including certain nonhomicide offenses child rape abuse see stat codified amended scattered sections offender death eligible sexual abuse exploitation results victim death petitioner claims death penalty child rape authorized georgia pointing decision georgia stated tatutory rape capital crime georgia presnell state appears presnell referring separate crime statutory rape capital offense georgia see code ann cf code ann state current capital rape statute contrast explicit rape female less ten years age punishable death code ann based recent statement georgia must assumed law still force neither yet addressed whether death penalty unconstitutionally disproportionate crime raping child state velazquez respondent include florida among permit death penalty child rape state statute authorize terms death penalty sexual battery upon person less years age stat see also however florida held death penalty child sexual assault unconstitutional see buford supra acknowledged coker addressed constitutionality death penalty rape adult woman held reasoning justices coker compels conclusion sentence death grossly disproportionate excessive punishment crime sexual assault therefore forbidden eighth amendment cruel unusual punishment respondent points state statute since amended pursuant stat however florida state courts understood buford bind sentencing discretion child rape cases see gibson state app deeming irrelevant florida legislature never changed wording sexual battery statute cooper state app buford death longer possible penalty florida sexual battery see also stat event death penalty capital felony held unconstitutional florida jurisdiction person previously sentenced death capital felony shall sentence person life imprisonment definitive resolution issues courts may disagreement statistics true including addressed issue last years made child rape capital offense summary recited however allow us make certain comparisons data cited atkins roper enmund cases atkins decided including noncapital jurisdictions prohibited death penalty mentally retarded offenders permitted see roper decided numbers disclosed similar division among prohibited death penalty juveniles permitted death penalty offenders authorized see atkins roper noted practice executing mentally retarded juvenile offenders infrequent five executed offender known iq see atkins supra three executed juvenile offender see roper supra statistics enmund bear even greater similarity instant case eight jurisdictions authorized imposition death penalty solely participation robbery accomplice committed murder see six defendants sentenced death felony murder defendant personally commit homicidal assault facts concluded weigh ed side rejecting capital punishment crime evidence national consensus respect death penalty child rapists respect juveniles mentally retarded offenders vicarious felony murderers shows divided opinion balance opinion jurisdictions plus federal government death penalty mentioned six jurisdictions authorize death penalty rape child though review national consensus confined tallying number applicable death penalty legislation significance jurisdictions petitioner executed child rape kind number surpasses atkins roper enmund prohibited death penalty circumstances cases considered least one difference case eighth amendment proportionality precedents must addressed respondent amici suggest erroneous understanding eighth amendment jurisprudence brief missouri governor matt blunt et al amici curiae submit general propositions set coker contrasting murder rape interpreted expansive way leading state legislatures conclude coker applies child rape fact reasoning apply specific crime argument seems logical first end unsound coker plurality plus justice brennan justice marshall concurrence held sentence death rape woman minor georgia law see code ann yet characterized adult disproportionate excessive eighth amendment see see also brennan concurring judgment ibid marshall concurring judgment explain victim qualified adult may significance married home given birth son three weeks prior rape see brief petitioner coker georgia pp plurality noted one state valid statute authorizing death penalty adult rape vast majority cases least juries ha imposed death sentence coker see also rape capital offense three provided death penalty rape adult woman revised statutes georgia north carolina louisiana latter two death penalty mandatory found guilty laws invalidated woodson roberts history objective evidence country present judgment concerning acceptability death penalty rape adult woman confirmed independent judgment punishing adult rape death proportional rape without doubt deserving serious punishment terms moral depravity injury person public compare murder involve unjustified taking human life although may accompanied another crime rape definition include death another person murderer kills rapist abiding conviction death penalty unique severity irrevocability gregg georgia excessive penalty rapist take human life omitted confined passage coker analysis eighth amendment susceptible reading prohibit making child rape capital offense context however coker holding narrower language read isolation coker plurality framed question whether respect rape adult woman death penalty disproportionate punishment repeated phrase adult woman adult female discussing act rape victim rape eight times opinion see coker supra distinction adult child rape merely rhetorical central reasoning opinion speak constitutionality death penalty child rape issue discussing legislative background example noted florida mississippi tennessee also authorized death penalty rape cases victim child rapist adult tennessee statute since invalidated death sentence mandatory upshot georgia sole jurisdiction present time authorizes sentence death rape victim adult woman two jurisdictions provide capital punishment victim child obviously weighs heavily side rejecting capital punishment suitable penalty raping adult woman citation omitted still respondent contends possible state legislatures understood coker state broad rule covers situation minor victim well see little evidence respondent cites reliable data indicate state legislatures read coker bar capital punishment child rape reason deterred passing applicable death penalty legislation absence evidence legislation proposed enacted refuse speculate motivations concerns particular state legislators position state courts furthermore state legislators look guidance matters indicates coker blocked emergence legislative consensus state courts confronted precise question us uniform concluding coker address constitutionality death penalty crime child rape see wilson upholding constitutionality death penalty rape child noting plurality coker took great pains referring rape adult women throughout opinion emphasis deleted upshaw state miss coker took great pains limit decision applicability death penalty rape adult woman view coker carefully refrained deciding whether death penalty rape female child age twelve years grossly disproportionate crime see also simpson owens app addressing denial bail sexual offenses children noting lthough death penalty declared plurality opinion disproportionate punishment rape adult woman rape child remains capital offense people hernandez cal addressing death penalty conspiracy commit murder noting constitutionality laws imposing death penalty crimes necessarily resulting death unresolved sure contrary authority contained various opinions either dicta see state barnum addressing retroactivity thompson state state coleman mont upholding defendant death sentence aggravated kidnaping state gardner utah addressing constitutionality death penalty prison assaults equivocal conclusion see people huddleston citing law review articles proposition constitutionality death penalty nonhomicide crimes subject debate decision state intermediate superseded specific statement law state compare parker state app characterizing coker holding death penalty longer permitted rape victim killed velazquez yet addres whether death penalty unconstitutionally disproportionate crime raping child florida opinion buford read support respondent argument even state recognized yet decide whether coker rationale holds true rape child made explicit extending reasoning holding coker striking death penalty child rape true california opinion hernandez supra conclude basis review clear indication state legislatures misinterpreted coker hold death penalty child rape unconstitutional small number enacted penalty relevant determining whether consensus capital punishment crime respondent insists six child rape capital offense along proposed yet enacted applicable death penalty legislation reflect consistent direction change support death penalty child rape consistent change might counterbalance otherwise weak demonstration consensus see atkins much number significant consistency direction change roper impressive atkins rate abolition death penalty mentally retarded whatever significance consistent change cited show emerging support expanding scope death penalty showing consistent change made case respondent amici identify five view legislation authorizing capital punishment child rape pending see brief missouri governor matt blunt et al amici curiae practice sound find contemporary norms based upon state legislation proposed yet enacted compelling reasons since briefs submitted parties legislation two five failed see gen assembly reg sess rejected senate appropriations committee apr reg sess miss rejected house committee mar tennessee house bills rejected almost year ago senate bills appear died committee see gen assembly reg sess taken subcommittee calendar apr ibid failed lack second mar ibid taken notice judiciary committee calendar may ibid referred general subcommittee senate finance ways means committee june ibid referred senate judiciary committee action deferred ibid referred general subcommittee senate judiciary committee mar alabama recent legislation similar bill failed compare reg sess reg sess missouri legislative session ended tabling pending legislation see mo art iii aside pending legislation true last years change towards making child rape capital offense evidenced six new death penalty statutes three enacted last two years showing significant data atkins enacted legislation prohibiting execution mentally retarded persons see atkins supra respondent argues instant case like roper five shifted positions one less state see roper supra roper emphasized though pace abolition great atkins counterbalanced total number recognized impropriety executing juvenile offenders see decided stanford kentucky death penalty already prohibited execution juvenile prohibited execution juvenile see roper supra anything shows impropriety executing juveniles years age gained wide recognition earlier total number made child rape capital offense furman six indication trend change direction comparable one supported data roper evidence bears closer resemblance evidence state activity enmund found national consensus death penalty vicarious felony murder despite eight jurisdictions authorized practice see measures consensus legislation statistics number executions may inform consideration whether capital punishment crime child rape regarded unacceptable society see roper supra atkins supra cf coker plurality opinion statistics confirm determination review state statutes social consensus death penalty crime child rape nine florida georgia louisiana mississippi montana oklahoma south carolina tennessee texas permitted capital punishment adult child rape length time decision furman today see supra coker supra plurality opinion yet individual executed rape adult child since execution nonhomicide offense conducted since see historical statistics table cf thompson oklahoma concurring judgment four decades gone since last execution defendant younger time offense support inference national consensus opposing death penalty louisiana state since sentenced individual death crime child rape petitioner richard davis convicted sentenced death aggravated rape child louisiana jury december see state davis case jud caddo parish la cited brief respondent two individuals death row nonhomicide offense reviewing authorities informed contemporary norms including history death penalty nonhomicide crimes current state statutes new enactments number executions since conclude national consensus capital punishment crime child rape iv said eighth amendment cases objective evidence contemporary values relates punishment child rape entitled great weight end inquiry constitution contemplates end judgment brought bear question acceptability death penalty eighth amendment coker supra plurality opinion see also roper supra enmund supra us ultimately judge whether eighth amendment permits imposition death penalty turn resolution question us informed precedents understanding constitution rights secures must acknowledged moral grounds question rule barring capital punishment crime individual result death facts illustrate point victim fright sense betrayal nature injuries caused prolonged physical mental suffering say sudden killing unseen assassin attack childhood reason reluctant rely upon language plurality coker posited victim rape life may nearly happy beyond repair rape permanent psychological emotional sometimes physical impact child see bagley king child sexual abuse search healing finkelhor browne assessing impact child sexual abuse review conceptualization handbook sexual abuse children walker ed dismiss years long anguish must endured victim child rape follow though capital punishment proportionate penalty crime constitutional prohibition excessive cruel unusual punishments mandates state power punish exercised within limits civilized standards trop plurality opinion evolving standards decency mark progress maturing society counsel us hesitant interpreting eighth amendment allow extension death penalty hesitation special force life taken commission crime established principle decency essence presumes respect individual thus moderation restraint application capital punishment see date sought define implement principle part cases involving capital murder one approach insist upon general rules ensure consistency determining receives death sentence see california brown eath penalty statutes must structured prevent penalty administered arbitrary unpredictable fashion citing gregg furman godfrey georgia plurality opinion requiring state give narrow precise definition aggravating factors warrant imposition time insisted ensure restraint moderation use capital punishment judging character record individual offender circumstances particular offense constitutionally indispensable part process inflicting penalty death woodson plurality opinion lockett ohio plurality opinion tension general rules circumstances produced results together satisfactory see tuilaepa california objectives two inquiries tension least inquiries occur time walton arizona scalia concurring part concurring judgment latter requirement quite obviously destroys whatever rationality predictability former requirement designed achieve led members say cease efforts resolve tension simply allow legislatures prosecutors courts juries greater latitude see advocating adhere furman line cases abandon line cases others failure limit imprecisions stricter enforcement narrowing rules raised doubts concerning constitutionality capital punishment see baze rees slip stevens concurring judgment furman supra white concurring callins collins blackmun dissenting denial certiorari response case law still search unifying principle insist upon confining instances capital punishment may imposed see gregg supra joint opinion stewart powell stevens jj death punishment unique severity irrevocability capital punishment must reserved crimes grievous affront humanity adequate response may penalty death citing part furman brennan concurring stewart concurring see also roper eighth amendment requires death penalty reserved narrow category crimes offenders concern limited crimes individual persons address example crimes defining punishing treason espionage terrorism drug kingpin activity offenses state relates crimes individuals though death penalty expanded instances victim life taken said coker adult rape discount seriousness rape crime highly reprehensible moral sense almost total contempt personal integrity autonomy female victim short homicide violation self murderer kills rapist abiding conviction death penalty unique severity irrevocability excessive penalty rapist take human life plurality opinion citation omitted distinction homicide serious violent offenses individual informed analysis enmund held death penalty crime vicarious felony murder disproportionate offense repeated fundamental moral distinction murderer robber noting robbery serious crime deserving serious punishment like death severity irrevocability internal quotation marks omitted consistent evolving standards decency teachings precedents conclude determining whether death penalty excessive distinction intentional murder one hand nonhomicide crimes individual persons even including child rape latter crimes may devastating harm terms moral depravity injury person public coker plurality opinion compared murder severity irrevocability ibid reaching conclusion find significant number executions allowed respondent approach crime child rape considering reported incidents occurs often murder approximately incidents vaginal anal oral rape child age reported nationwide almost twice total incidents intentional murder victims ages reported period see consortium political social research national reporting system study http visited june available clerk case file although reliable statistics convictions child rape surmise year hundreds convictions jurisdictions permit capital punishment cf brief louisiana association criminal defense lawyers et al amici curiae noting least capital rape indictments pending louisiana estimating actual number result existing rules see generally godfrey plurality opinion convicted murderers sentenced death see blume eisenberg wells explaining death row population racial composition empirical legal studies respondent approach permit death penalty sentence death persons convicted raping child less years age reconciled evolving standards decency necessity constrain use death penalty might said narrowing aggravators used context murder offenses ensure death penalty restrained application find difficult identify standards guide decisionmaker penalty reserved severe cases child rape yet imposed arbitrary way even forbid say execution child rapists see supra require aggravating factor finding perpetrator instant rape offense involved multiple victims jury still must balance discretion aggravating factors mitigating circumstances context involves crime many cases overwhelm decent person judgment confidence imposition death penalty arbitrary freakis furman stewart concurring sanction result harm victim though grave quantified way death victim solution simply apply context aggravating factors developed capital murder said state may carry obligation ensure individualized sentencing capital murder cases adopting sentencing processes rely upon jury exercise wide discretion long narrowing factors core meaning criminal juries capable understanding tuilaepa quoting jurek texas white concurring judgment accordingly upheld constitutionality aggravating factors ranging whether defendant pitiless slayer arave creech whether perpetrator inflict ed mental anguish physical abuse victim death walton whether defendant commit criminal acts violence constitute continuing threat society jurek supra joint opinion stewart powell stevens standards potential result inconsistency application noted resulting imprecision tension evaluating individual circumstances consistency treatment tolerated victim dies introduced justice system though death occurred concerns pronounced death penalty crime infrequent see part supra developed foundational jurisprudence case capital murder guide juries imposing death penalty starting gregg spent years articulating limiting factors channel jury discretion avoid death penalty arbitrary imposition case capital murder though practice remains sound beginning process crimes one executed years require experimentation area failed experiment result execution individuals undeserving death penalty evolving standards decency difficult reconcile regime seeks expand death penalty area standards confine use indefinite obscure decision consistent justifications offered death penalty gregg instructs capital punishment excessive grossly proportion crime fulfill two distinct social purposes served death penalty retribution deterrence capital crimes see joint opinion stewart powell stevens jj see also coker plurality opinion punishment might fail test either ground coker said certainty death penalty child rape serves deterrent retributive function see concluding death penalty rape might serve legitimate ends punishment nevertheless disproportionate crime cf gregg supra joint opinion stewart powell stevens jj convincing empirical evidence either supporting refuting th view death penalty serves significantly greater deterrent lesser penalties may nevertheless assume safely murderers death penalty undoubtedly significant deterrent value capital punishment contribution acceptable penological goals typically complex factual issue resolution properly rests legislatures argument overcome objections however incongruity crime child rape harshness death penalty poses risks overpunishment counsels constitutional ruling death penalty expanded include offense goal retribution reflects society victim interests seeing offender repaid hurt caused see atkins furman supra stewart concurring justify harshness death penalty measuring retribution well objectives criminal law appropriate distinguish particularly depraved murder merits death form retribution crime child rape see part supra coker supra plurality opinion additional reason conclusion imposing death penalty child rape retributive purposes considering whether retribution served among factors looked whether capital punishment potential allow community whole including surviving family friends victim affirm judgment culpability prisoner serious ultimate penalty must sought imposed panetti quarterman slip considering death penalty nonhomicide offenses inquiry necessarily also must include question whether death penalty balances wrong victim cf roper evident child rape victim hurt lessened law permits death perpetrator capital cases require commitment testify prosecution especially guilt sentencing determinations multiple proceedings cases like key testimony family victim formative years adolescence made daunting come terms brutality experience required discuss case length law enforcement personnel public trial required recount details crime jury state pursued death stepfather cf goodman et testifying criminal emotional effects child sexual assault victims brief national association social workers et al amici curiae end state made central figure decision seek death penalty telling jury closing statements asking asking set time place dies tr society desire inflict death penalty child rape enlisting child victim assist course years asking capital punishment forces moral choice child mature age make choice way death penalty involves child victim enforcement compromise decent legal system subset fundamental difficulties capital punishment cause administration enforcement laws proscribing child rape moreover serious systemic concerns prosecuting crime child rape relevant constitutionality making capital offense problem unreliable induced even imagined child testimony means special risk wrongful execution child rape cases atkins supra see also brief national association criminal defense lawyers et al amici curiae undermines least degree meaningful contribution death penalty legitimate goals punishment studies conclude children highly susceptible suggestive questioning techniques like repetition guided imagery selective reinforcement see ceci friedman suggestibility children scientific research legal implications cornell rev strong evidence children especially young children suggestible significant degree even questions gross jacoby matheson montgomery patil exonerations crim discussing allegations abuse little rascals day care center see also quas davis goodman myers repeated questions deception children true false reports body touch child maltreatment finding able maintain lie body touch fairly effectively asked repeated direct questions mock forensic interview similar criticisms pertain cases involving child witnesses child rape cases present heightened concerns central narrative account crime often comes child accused instances ones present crime committed see pennsylvania ritchie cf goodman testifying criminal question capital case fact crime including say proof rape distinct abuse short rape details bearing upon brutality commission matters subject fabrication exaggeration see ceci friedman supra quas supra although capital punishment bring retribution legislature chosen use end judgment must weighed deciding constitutional question special risks unreliable testimony respect crime respect deterrence death penalty adds risk diminishes penalty objectives underreporting common problem respect child sexual abuse see hanson resnick saunders kilpatrick best factors related reporting childhood rape child abuse neglect finding female rape victims age disclose abuse authorities smith et delay disclosure childhood rape results national survey child abuse neglect finding women raped children disclosed abuse someone victims reported rape authorities although know little differentiates report report see hanson supra one commonly cited reasons nondisclosure fear negative consequences perpetrator concern special force abuser family member see edelstein goodman jones gordon children tell model children disclosure sexual abuse child abuse neglect smith supra finding relationship perpetrator victim victim likely keep abuse secret longer period time perhaps greater sense loyalty emotional bond hanson supra table finding significantly greater proportion reported nonreported cases involved stranger see also ritchie supra experience amici work child victims indicates punishment death victim victim family members may likely shield perpetrator discovery thus increasing underreporting see brief national association social workers et al amici curiae result punishment death may result deterrence effective enforcement addition effect making punishment child rape murder equivalent state punishes child rape death may remove strong incentive rapist kill victim assuming offender behaves rational way one must justify penalty grounds deterrence penalty respects gives less protection victim often sole witness crime see rayburn better dead ap ed patriarchal rhetoric driving capital rape statutes john rev might argued even death penalty results marginal increase incentive kill counterbalanced marginally increased deterrent commit crime whatever balance legislature strikes however uncertainty point makes argument penalty less compelling homicide crimes propositions standing alone might establish unconstitutionality death penalty crime child rape taken sum however demonstrate serious negative consequences making child rape capital offense considerations lead us conclude independent judgment death penalty proportional punishment rape child determination consensus death penalty child rape raises question whether institutional position holding effect blocking later consensus favor penalty developing argued act addressing constitutionality death penalty intrudes upon process imposing negative restraint argument runs makes difficult consensus change emerge according criticism becomes enmeshed process part judge part maker judges concerns overlook meaning full substance established proposition eighth amendment defined evolving standards decency mark progress maturing society trop plurality opinion confirmed repeated consistent rulings principle requires use death penalty restrained rule evolving standards decency specific marks way full progress mature judgment means resort penalty must reserved worst crimes limited instances application cases justice better served terminating life perpetrator rather confining preserving possibility system find ways allow understand enormity offense difficulties administering penalty ensure arbitrary capricious application require adherence rule reserving use stage evolving standards cases crimes individuals crimes take life victim judgment louisiana upholding capital sentence reversed case remanded proceedings inconsistent opinion ordered patrick kennedy petitioner louisiana writ certiorari louisiana june justice alito chief justice justice scalia justice thomas join dissenting today holds eighth amendment categorically prohibits imposition death penalty crime raping child according matter young child matter many times child raped matter many children perpetrator rapes matter sadistic crime matter much physical psychological trauma inflicted matter heinous perpetrator prior criminal record may provides two reasons sweeping conclusion first claims identified national consensus death penalty never acceptable rape child second concludes based independent judgment imposing death penalty child rape inconsistent evolving standards decency mark progress maturing society ante citation omitted neither justifications sound respectfully dissent turn first claim national consensus never acceptable impose death penalty rape child eighth amendment requirements writes determined standards prevailed amendment adopted norms prevail ante quoting atkins virginia assessing current norms relies primarily fact statutes permit death penalty offense statistic highly unreliable indicator views state lawmakers constituents explain dicta decision coker georgia stunted legislative consideration question whether death penalty targeted offense raping young child consistent prevailing standards decency coker dicta gave state legislators others good reason fear law permitting imposition death penalty crime meet precisely fate befallen louisiana statute currently us threat strongly discouraged state legislators regardless values constituents supporting enactment legislation correctly concludes holding coker eighth amendment prohibits death penalty rape woman thus coker control decision see ante reasoning justices majority broader implications two members coker majority justices brennan marshall took position death penalty always unconstitutional brennan concurring judgment marshall concurring judgment four justices joined controlling plurality opinion suggested georgia capital rape statute unconstitutional simple reason impact rape matter heinous grievous enough justify capital punishment words plurality life victim murderer rape victim life may nearly happy normally beyond repair plurality summarized position follows abiding conviction death penalty excessive penalty rapist take human life ibid implications coker plurality opinion plain justice powell concurred judgment overturning death sentence case hand join plurality opinion understood draw bright line murder rapes regardless degree brutality rape effect upon victim justice powell read coker way reasonable state legislatures understandably state courts frequently read coker precisely way correct state courts generally understood limited scope holding coker ante lower courts legislators also take account presume wishes continue take account dicta happened wake coker four years coker florida capital child rape statute challenged florida correctly noting held eighth amendment bars death penalty child rape concluded reasoning justices coker georgia compels us hold sentence death grossly disproportionate excessive punishment crime sexual assault therefore forbidden eighth amendment cruel unusual punishment buford state numerous state courts interpreted coker dicta similarly see state barnum citing coker holding sentence death grossly disproportionate excessive punishment crime rape merely rape adult woman people huddleston recognizing constitutionality state statutes impose death penalty nonhomicide crimes subject debate coker people hernandez cal coker rais ed serious doubts federal constitution permitted death penalty offense requiring actual taking human life lthough high expressly hold coker eighth amendment prohibits capital punishment crimes resulting death plurality stressed crucial difference rape murder rapist take human state gardner utah coker holding leaves room conclusion rape even one involving torture aggravated battery resulting death constitutionally sustain imposition death penalty parker state app citing coker proposition death penalty longer permitted rape victim killed leatherwood state miss robertson concurring much chance sanctioning death penalty rape proverbial snowball enjoys nether regions state coleman mont stating decision coker georgia relevant crimes penalty imposed result loss life citations omitted boyer state per curiam stating ince death victim result death penalty rape must set aside see also la sup case calogero dissenting citing comments coker plurality concluding louisiana child rape law pass constitutional muster past three decades interpretations posed high hurdle state legislatures considering passage new laws permitting death penalty rape child enactment implementation new state death penalty statute particularly new type statute one specifically targets rape young children imposes many costs burden drafting innovative law must take account exceedingly complex eighth amendment jurisprudence securing passage controversial legislation may interfere variety ways enactment bills legislative agenda statute enacted burden training coordinating efforts must implement new law capital prosecutions qualitatively difficult noncapital prosecutions impose special emotional burdens involved capital sentence imposed new law burden keeping prisoner death row lengthy costly project defending constitutionality statute appeal collateral proceedings law eventually overturned burden new proceedings remand moreover conscientious state lawmakers whatever personal views morality imposing death penalty child rape may defer dicta either respect authority expertise interpreting constitution merely relish prospect held violated constitution contravened prevailing standards decency accordingly coker dicta gave state legislators strong incentive push enactment new capital laws even though legislators constituents may believed laws appropriate desirable expresses doubt coker dicta effect skepticism unwarranted quite remarkable state legislators influenced considerations noted although state legislatures typically create legislative materials like produced congress evidence proposals permit imposition death penalty child rape opposed ground enactment futile costly oklahoma opposition state capital statute argued coker already ruled death penalty unconstitutional applied cases rape see oklahoma senate news release senator nichols targets child predators death penalty child abuse response team may line http internet materials visited june available clerk case file likewise opponents south carolina capital law contended statute waste state resources undoubtedly held unconstitutional see state death penalty plan spotlight attorney general advise senate panel proposal repeat child rapists mar quoting laura hudson spokeswoman victim assistance network stating need wasting state money appeal knowing going lose representative fletcher smith south carolina house representatives forecast bill meet constitutional standards death involved see davenport emotion drives child rape death penalty debate south carolina associated press apr texas opponents state capital law argued coker reasoning doomed proposal house research organization bill analysis mar stating law impose excessive punishment fail pass proportionality test established arguing texas enact law questionable constitutionality simply politically popular especially given clues death penalty laws rarely imposed supported broad national consensus ruled unconstitutional effect coker dicta plainly wrong comparing situation atkins roper simmons see ante atkins concerned constitutionality imposing death penalty mentally retarded defendant thirteen years earlier penry lynaugh held permitted eighth amendment therefore time penry atkins state legislators reason believe follow prior precedent uphold statutes allowing punishment situation roper similar roper concerned challenge constitutionality imposing death penalty defendant reached age time crime sixteen years earlier stanford kentucky rejected similar challenge therefore state lawmakers cause believe laws allowing punishment sustained state lawmakers believe decision prevail question whether permit death penalty particular crime class offender legislators resolution issue interpreted expression judgment informed whatever weight attach values constituents state legislators think enactment new death penalty law likely futile inaction reasonably interpreted expression understanding prevailing societal values atmosphere legislative inaction likely evidence acquiescence anything inferred state legislative developments message different one perceives past years despite shadow cast coker dicta five enacted targeted capital laws see code ann mont code ann okla tit west supp code ann supp tex penal code ann west supp seems think society volving toward ever higher standards decency ante enactments might represent beginning new evolutionary line development step changes society thinking since coker decided time reported instances child abuse increased dramatically many indications growing alarm sexual abuse children congress enacted jacob wetterling crimes children sexually violent offender registration program ed supp requires receiving certain federal funds establish registration systems convicted sex offenders notify public persons convicted sexual abuse minors enacted addition least district columbia statutes permitting involuntary commitment sexual least enacted residency restrictions sex seeking counter significance new capital laws enacted past two years points recent months efforts enact similar laws five stalled ante developments however took place decision grant certiorari case see gave state legislators reason delay enactment new legislation constitutionality laws clarified evidence aware legislative initiatives failed proposed laws viewed inconsistent society standards decency contrary available evidence suggests otherwise example colorado senate appropriations committee april voted senate bill reportedly cost next year trials appeals public defenders prison costs associated press lawmakers reject death penalty child sex abusers denver post apr likewise tennessee capital bill withdrawn committee high associated costs bill sponsor stated state budget situation thought withdraw bill revisit next year see reduce cost fiscal note green small victory big fight tougher sex abuse laws may thus failure enact capital laws viewed evidence moral consensus punishment aside misleading tally current state laws points two additional objective indicia national consensus ante arguments patent makeweights notes congress enacted law permitting death penalty rape child ante due territorial limits relevant federal statutes rape cases mention cases prosecuted federal see ed supp sentencing commission report congress analysis penalties federal rape cases table congress failure enact death penalty statute tiny set cases hardly evidence congress assessment society values finally argues statistics number executions rape cases support perception national consensus statistics support position notes last execution rape child occurred ante fails mention litigation regarding constitutionality death penalty brought executions halt across board late total eight executions offenses year coker decided executions also fails mention louisiana since state law amended make child rape capital offense prosecutors asked juries return death verdicts four cases see state dickerson la app state leblanc la app la sup state davis case jud caddo parish la cited brief respondent two cases louisiana juries imposed death penalty see la sup davis supra record hardly evidence juries share view death penalty rape young child unacceptable even aggravated light points discussed believe objective indicia society evolving standards decency fairly summarized follows neither congress juries done anything plausibly interpreted evidencing national consensus perceives state legislatures years operated ominous shadow coker dicta thus free express understanding society standards decency months following grant certiorari case state legislatures additional reason pause yet despite inhibiting legal atmosphere prevailed since six recently enacted new targeted laws suggest six new state laws necessarily establish national consensus even sure evidence ineluctable trend terms metaphor moral evolution enactments might turned evolutionary dead end might also beginning strong new evolutionary line never know today snuffs line incipient stage ii willing block potential emergence national consensus favor permitting death penalty child rape end matters judgment regarding acceptability death penalty ante although much say issue discussion pertinent eighth amendment question hand irrelevant arguments put aside apparent provided coherent explanation today decision next section opinion attempt weed arguments germane eighth amendment inquiry final section address remains major theme opinion permitting death penalty cases best interests victims crimes society large vein suggests painful victims testify prosecution seeking death penalty ante also argues state punishes child rape death may remove strong incentive rapist kill victim ante may discourage reporting child rape ante policy arguments whatever merits simply pertinent question whether death penalty cruel unusual punishment eighth amendment protects right accused authorize strike federal state criminal laws ground best interests crime victims broader society policy arguments concern matters legislators presumably take account deciding whether enact capital statute arguments irrelevant question us case cases cautioned using aegis cruel unusual punishment clause cut normal democratic processes atkins virginia rehnquist dissenting turn quoting gregg georgia joint opinion stewart powell stevens jj forgets warning also contends laws permitting death penalty rape child create serious procedural problems specifically maintains feasible channel exercise sentencing discretion cases ante unreliability testimony child victims creates danger innocent defendants convicted executed ante neither contentions provides basis striking capital laws matter carefully narrowly crafted argument regarding structuring sentencing discretion hard comprehend finds difficult identify standards guide decisionmaker penalty reserved severe cases child rape yet imposed arbitrary way ante even assuming age child alone sufficient factor limiting sentencing discretion need examine laws recently enacted texas oklahoma montana south carolina use concrete factor limit quite drastically number cases death penalty may imposed defendant convicted rape child may sentenced death defendant prior conviction specified felony sex offense see mont code ann offender previously convicted felony sexual offense offender shall punished death okla tit west supp notwithstanding provision law parent person convicted forcible anal oral sodomy rape rape instrumentation lewd molestation child fourteen years age subsequent previous conviction offense forcible anal oral sodomy rape rape instrumentation lewd molestation child fourteen years age shall punished death code ann supp defendant previously convicted pled guilty nolo contendere adjudicated delinquent first degree criminal sexual conduct minor less eleven years age must punished death imprisonment life tex penal code ann supp defendant shall punished capital felony shown trial offense section defendant previously finally convicted felony sexual offense victim younger fourteen years age moreover takes little imagination envision limiting factors state use structure sentencing discretion child rape cases might whether victim kidnapped whether defendant inflicted severe physical injury victim whether victim raped multiple times whether rapes occurred specified extended period whether multiple victims refers limiting standards indefinite obscure ante nothing indefinite obscure aggravating factors indeed far definite aggravating factors found adequate murder cases see arave creech whether defendant pitiless walton arizona whether inflict ed mental anguish physical abuse victim jurek texas joint opinion stewart powell stevens jj whether defendant commit criminal acts violence constitute continuing threat reasons concerns limiting sentencing discretion provide support blanket condemnation capital statutes sweeping holding also justified concerns reliability testimony child victims first eighth amendment provides poor vehicle addressing problems regarding admissibility reliability evidence problems presented testimony child victims unique capital cases second concerns reliability testimony child witnesses present every case case us example undisputed medical evidence victim brutally raped well strong independent evidence petitioner perpetrator third evidentiary concerns eighth amendment relevance addressed allowing death penalty cases independent evidence sufficient prove elements needed conviction imposition death sentence precedent requiring special corroboration certain criminal cases example jurisdictions allow conviction based uncorroborated testimony accomplice see code alaska stat ark code ann cal penal code ann west code ann idaho code lexis stat mont code ann rev stat cent code ann tit west rev stat codified laws state wishing permit death penalty cases impose analogous corroboration requirement arguments noted put aside left remaining grounds provide justify independent judgment death penalty child rape categorically unacceptable see two first proposition hesitant interpreting eighth amendment allow extension death penalty ante emphasis added see also ante referring expansion death penalty holding eighth amendment categorically prohibit death penalty rape young child extend expand death penalty laws enacted state legislatures presumptively constitutional gregg joint opinion stewart powell stevens jj assessing punishment selected democratically elected legislature constitutional measure presume validity today held capital child rape laws unconstitutional see ante coker speak constitutionality death penalty child rape issue consequently upholding constitutionality law extend expand death penalty rather confirm status presumptive constitutionality laws enjoyed point event previously made clear eighth amendment ratchet whereby temporary consensus leniency particular crime fixes permanent constitutional maximum disabling giving effect altered beliefs responding changed social conditions harmelin michigan principal opinion see also gregg supra joint opinion stewart powell stevens final appears principal justification holding murder crime defendants executed since death penalty unique moral depravity severity injury inflicts victim public see ante makes little attempt defend conclusions respect question moral depravity really true every person convicted capital murder sentenced death morally depraved every child rapist consider following two cases first defendant robs convenience store watches accomplice shoots store owner defendant acts recklessly triggerman intend killing see tison arizona second case previously convicted child rapist kidnaps repeatedly rapes tortures multiple child victims clear first defendant morally depraved second decision stands stark contrast atkins roper concluded characteristics affected defendants mental retardation atkins youth roper diminished culpability see atkins roper case comparable enmund florida held eighth amendment prohibits death penalty defendant participated robbery murder committed personally intend lethal force used doubt prevailing standards society robbery crime petitioner enmund intended commit evidence degree moral depravity brutal rape young child indeed little doubt eyes ordinary americans worst child rapists predators seek inflict serious physical emotional injury defenseless young children epitome moral depravity respect question harm caused rape child relation harm caused murder certainly true loss human life represents unique harm explain grievous harms insufficient permit death sentence take position harm loss life sufficient takes pains limit holding crimes individual persons exclude offenses state category stretches without explanation include drug kingpin activity ante makes effort explain harm caused crimes necessarily greater harm caused rape young children puzzling light acknowledgment ape permanent psychological emotional sometimes physical impact child ante aptly recognizes dismiss years long anguish must endured victim child rape ibid rape victim inflicts great injury ome victims grievously injured physically psychologically life beyond repair coker opinion powell immaturity vulnerability child physically psychologically adds devastating dimension rape present adult raped meister murdering innocence constitutionality capital child rape statutes rev see also state wilson la sup broughton horror head horrors accumulate reflective comment capital child rape legislation duquesne rev studies show sexual abuse grossly intrusive lives children harmful normal psychological emotional sexual development ways humane society tolerate bagley king child sexual abuse search healing estimated many sexual assault victims considered seriously disturbed lurigio jones smith child sexual abuse causes consequences implications probation practice sep fed probation psychological problems include sudden school failure unprovoked crying dissociation depression insomnia sleep disturbances nightmares feelings guilt inferiority behavior including increased incidence suicide meister supra broughton supra glazer child rapists beware death penalty louisiana amended aggravated rape statute crim deep problems afflict victims often become society problems well commentators noted correlations childhood sexual abuse later problems substance abuse dangerous sexual behaviors dysfunction inability relate others interpersonal level psychiatric illness broughton supra glazer supra handbook sexual abuse children walker ed victims child rape nearly times likely nonvictims arrested sex crimes nearly times likely arrested prostitution ibid harm caused victims society large worst child rapists grave judgment louisiana lawmakers increasing number harms justify death penalty provides cogent explanation legislative judgment overridden conclusory references decency moderation restraint full progress moral judgment enough iii summary holds eighth amendment categorically rules death penalty even extreme cases child rape even though holding supported original meaning eighth amendment neither coker prior precedent commands result reliable objective indicia national consensus support position sustaining constitutionality state law us extend expand death penalty previously rejected proposition eighth amendment ratchet prohibits legislatures adopting new capital punishment statutes meet new problems worst child rapists exhibit epitome moral depravity child rape inflicts grievous injury victims society general party attacking constitutionality state statute bears heavy burden establishing law unconstitutional gregg joint opinion stewart powell stevens burden discharged therefore affirm decision louisiana footnotes commentators expressed similar views see fleming louisiana newest capital crime death penalty child rape crim coker drew line crimes result loss life crimes baily death different even bayou disproportionality crime lee rev noting cases interpreting breadth coker holding suggest mississippi narrow reading coker upshaw minority position matura stop use death penalty crimes legis stating coker draw distinction rape adult woman rape minor garvey gentle rain heaven mercy capital sentencing cornell rev stating courts generally understand coker prohibit death sentences crimes murder nanda recent developments internationally regarding capital punishment appraisal john rev finding coker stands proposition death sentence excessive victim killed ellis guilty mentally ill death penalty punishment full sound fury signifying nothing duke referencing coker require capital offenses defined unjustified human death dingerson reclaiming gavel making sense death penalty debate state legislatures rev soc change stating coker ruled imposition death penalty crimes death results violates cruel unusual punishment provision eighth amendment subsequent decision challenged precedent number reported cases child sexual abuse grew increase lurigio jones smith child sexual abuse causes consequences implications probation practice sep fed probation number cases totaled increase another ibid local child protection services agencies identified children victims either substantiated indicated sexual abuse nearly child victims age four seven rape abuse incest national network statistics online http estimated substantiated cases child sexual abuse crimes children research center reports national child abuse neglect data system available code alaska stat cum supp rev stat ann supp ark code ann cal penal code ann west supp rev stat ann supp stat ann supp del code ann tit stat ann supp code ann haw sess laws enacted june idaho code supp comp stat ch ind code west supp iowa legis serv enacted may stat ann rev stat ann west supp la stat ann west supp rev stat tit west supp md laws enacted may mass laws ch pub acts enacted july stat supp miss code ann supp mo rev stat supp mont code ann neb rev stat rev stat supp rev stat ann supp stat ann stat ann supp correct law ann west supp stat ann lexis supp cent code lexis supp ohio rev code ann baldwin okla tit supp rev stat laws enacted laws code ann codified laws supp code ann tex rev civ stat art vernon supp utah code ann lexis supp stat tit code ann lexis rev code supp code lexis supp stat supp wyo stat ann arizona california connecticut district columbia florida illinois iowa kansas kentucky massachusetts minnesota missouri nebraska new jersey north dakota oregon pennsylvania south carolina texas virginia washington wisconsin see rev stat west supp cal welf inst code ann west supp stat code stat west supp comp ch iowa code supp stat ann supp rev stat ann west mass laws ch stat mo ann stat west supp neb rev stat stat ann west supp cent code ann lexis rev stat stat tit code ann supp tex health safety code ann west code ann supp rev code west supp stat see code supp restricts sex offenders residing accepting employment within feet school facility ark code ann supp unlawful level three four sex offenders reside within feet school daycare center cal penal code ann west supp parolees may live within miles victim witnesses certain sex offenders parole may live within quarter mile primary school stat released sex offender victim prohibited living within feet school daycare center park playground place children regularly congregate code ann supp sex offenders required register shall reside within feet childcare facility school area minors congregate comp ch supp child sex offenders prohibited knowingly residing within feet schools rev stat ann west registered sex offenders supervised release shall reside within feet school childcare facility la rev stat ann west supp sexually violent predators shall reside within feet schools unless permission given school superintendent ohio rev code ann lexis sex offenders prohibited residing within feet school okla tit west prohibits sex offenders residing within feet schools educational institutions rev stat incorporates general prohibition supervised sex offenders living near places children reside code ann repealed acts ch effective sex offenders prohibited establishing residence within feet school childcare facility victim department justice bureau justice statistics online http see also death penalty information center executions espy file executions date online http course five capital child rape statutes recent individual sentenced death gregg georgia proffitt florida jurek texas woodson north carolina roberts louisiana