Montgomery, AL — Alabama Attorney General Steve Marshall has joined a coalition of 20 state attorneys general supporting efforts to overturn the U.S. Supreme Court’s 2008 decision in Kennedy v. Louisiana, which barred the death penalty for the crime of child rape when the victim did not die.
The coalition’s letter argues that the Kennedy ruling stripped states of the ability to impose capital punishment for some of the most severe crimes against children. The attorneys general maintain that states have both the authority and the moral responsibility to enact statutes that withstand constitutional review while allowing the death penalty in cases involving child rape.
“Alabama has long been a leader in standing up for the rule of law and for the protection of children,” Attorney General Marshall said. “I am proud to stand with President Trump and my fellow attorneys general in fighting for laws that reflect the seriousness of this evil and deliver justice for its victims.”
Marshall emphasized the importance of ensuring states retain the tools needed to protect their most vulnerable citizens. “We must use every tool at our disposal to protect children, deter predators, and impose just punishment. Alabama will not hesitate to do its part,” he said.
The coalition’s letter contends that Kennedy v. Louisiana disregarded the lasting trauma experienced by child victims and minimized the severity of crimes that cause lifelong harm. The attorneys general assert that the Eighth Amendment does not prohibit the death penalty for child rape and urge the Court to acknowledge that such punishment may be constitutionally appropriate in cases of extreme sexual violence.
The letter also points to legislative actions in several states since the 2008 ruling, demonstrating ongoing efforts to authorize capital punishment for aggravated child rape and signaling that there is no national consensus against the practice.
