Abstract
ABSTRACT This article carefully examines the constitutionality of a recent capital child rape statute in Louisiana. It specifically focuses on whether such a statute violates the Eighth Amendment to the Constitution by being a disproportionate and cruel and unusual application of the death penalty. The origins, interpretation, and evolving nature of the Eighth Amendment are closely explored. The Furman procedural test and Solem proportionality test are applied to properly assess the statute's constitutionality. The relevant literature on these legal applications is also reviewed. In addition, the role of forensic psychology is investigated to determine how psychologists and psychiatrists may play a role in this new policy toward child molesters. Research on pedophilia as a mental abnormality and effective approaches to treatment of pedophilia by professionals are briefly discussed.
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