Patrick Kennedy (Plaintiff) raped his eight year old stepdaughter. He was then convicted of aggregated rape. He was sentenced to the death penalty by the jury and by way of the Lousiana statue allowing it. The state supreme court affirmed this sentence. The state of Louisiana is the defendant. The plaintiff claims that capital punishment, the death penalty, was not reasonable for rape. The plaintiff deemed it unconstitutional because it violated his Eighth Amendment right. He is appealing to the United States Supreme Court against the defendant.

Does the death penalty violate the Eighth Amendment on child rape cases?

Why?