capital punishment, death penalty, eighth amendment, evolving standards of decency
In July 1997, Kenneth Foster was indicted on capital murder charges
and sentenced to death even though he had only committed robbery.
3 On August 14, 1996, Kenneth Foster and his friends, Mauriceo
Brown, DeWayne Dillard, and Julius Steen, rented a car and
drove to downtown San Antonio, Texas. Later that night, Brown
suggested that the men rob a few people in order to make up for the
money they had lost while partying. After their second robbery that
evening, Foster did not want to continue breaking the law, according
to Dillard’s courtroom testimony four years later. Dismissing
his request, the four persisted in their crime and began to follow a
car they believed was headed towards a party. When a woman–later
identified as Mary Patrick–stepped out of her car, Brown approached
her, asking for her number. Shortly after Brown exited the car, Foster
heard gunshots. Confused and scared, he drove away quickly. Foster
soon learned that Brown had shot and killed Patrick’s boyfriend,
Michael LaHood Jr. Within the hour, police arrested Foster, Dillard,
Steen, and Brown.
BYU ScholarsArchive Citation
Lockhart, Jared and Hill, Madeline
"Evolving Standards of Decency: A View of 8th Amendment Jurisprudence and the Death Penalty,"
Brigham Young University Prelaw Review: Vol. 34
, Article 6.
Available at: https://scholarsarchive.byu.edu/byuplr/vol34/iss1/6