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In approximately 1863 the Military made the death penalty the punishment for rape during wartime.
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Before 1950 the law applied to rape commited during wartime, not peace time as well. After the law was passed, rape, during peacetime or wartime, resulted in death.
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The last Military Death Penalty case, until Kennedy, was in 1961. It was not only for rape, but also for attempted murder. It resulted in the death of the respondent.
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A military death penalty case arises. It was concluded that Furman was unable to be put to death, because of the eighth amendment.
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Another Military Death Penalty case arises. They also concluded that it was unconstitutional to exicute a person who had not killed another human.
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The military divided the penality into two different kinds of rape. Child rape: results in death. Adult rape: also results in death.
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He proposed that the Court's judgement was being effected by the involvement of the UCMJ (Uniformed Code of Military Justice).
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The Supreme Court found that the UCMJ was not effecting their judgement.
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The Supreme Court decided that it is unconstitutional for a person to be put to death for any crime that did not kill another person. Therefore, Patrick Kennedy was not able to be put death.They did this under the Eighth Amendment, the right not to be subject to any form of cruel or unusual punishment.
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