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: TalkLeftSupreme Court Hears Case on Death as Penalty for Child Rape
By Jeralyn
Kennedy v. Louisiana, an important and closely followed case is being argued today in the Supreme Court: Can the death penalty be imposed as a punishment for child rape, if the child isn't murdered.
Colorado is considering such a law and I outlined the reasons against it here. I agree with this law review article (pdf)that:
First, there is a strong national consensus against imposing the death penalty for child rape. In addition, the death penalty is a disproportionate punishment for the crime of rape, regardless of the age of the victim, because it does not cause death. Moreover, imposing the death penalty for child rape would fail to serve, and would likely inhibit, the retribution and deterrence functions of the U.S. penal system.
The Sex Crimes blog has a full resource page devoted to the Kennedy case. Also check out Dahlia Lathwick in Newsweek, The Supreme Penalty for Rape.
The Scotus Wiki page for the case with briefs and synopsis and other links is here.
Full post as published by TalkLeft on April 16, 2008 (boomark / email).
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