Oral Argument Summary #1
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2305
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Philosophy
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Apr 3, 2024
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Uploaded by morganmaynormand
Oral Argument Summary #1
Once you have your chart, write 500 words answering the following questions: What arguments do the petitioners give? What is their best argument and why? What arguments to the respondents give? What is their best argument and why? If you were judge in this case having heard the oral arguments, which side do you think should win and why?
Petitioners argue that the state of Louisiana should be not able to seek the death penalty in the case of Patrick Kennedy. Their reason was due to the national consensus
that the death penalty is unjust in cases where the crime did not result in a death. Kennedy’s legal team argued their most valid point by stating that the Lousisana district attorney was in violation of the 8
th
amendment constituting as cruel and unusual punishment. The interactions with the Supreme Court justices were interesting in the sense that there was an abundance of awkward moments where a judge would ask the attorney representing Partrick Kennedy about the heinous crime of child rape in which there is no real legitimate argument to be had. It even included some awkward laughter as it felt that those questions felt more rhetorical than anything.
In response, attorneys for the respondents argued that the severity of the crime of child rape was particularly heinous and egregious to warrant death. This was probably their most valid of all the arguments, as I cannot argue the egregious nature of child rape. In addition, they state contended that the death penalty would serve as a strong deterrent in preventing others from committing similar crimes. Lousisana attorneys believe that their state has their own authority when it comes criminal punishment, and the death penalty provision was tailored narrowly enough, and that the heinous nature of child rape justified the limited application. If I was a judge hearing these oral arguments, I would like to say I would have sided with the petitioners for a few reasons. I am not a big proponent of the death penalty because of the many flaws that lie with the justice system that have allowed for many innocent people to become convicted of crimes they have not committed. I think expanding the limitations for the death penalty would do more harm than good when it comes to the innerworkings of the department of justice. I do not believe there is a national consensus supporting the death penalty in cases of even child rape, contrary to
what the respondents and representatives of the Louisiana state department argue. Ultimately my opinion is that of the majority of the Supreme Court, in that the death penalty for cases that do not result in death are a violation of the 8
th
amendment’s prohibition against cruel and unusual punishment. The Supreme Courts views on the death penalty have gone back in fourth over the years and I would not be surprised if
this issue is brought to the court in a different context in the future. This unpredictable nature is reflected in many landmark decisions. One of the best examples is the 1989 ruling in the case Penry v. Lynaugh that the execution of an intellectually disabled murder does not violate the Eight Amendment. Yet, in 2002 this precedent was reconsidered in the case Atkins v Virgina when the Supreme Court determined that the execution of individuals with intellectual disabilities was prohibited under the eight amendment clause of cruel and unusual punishment.
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