Home -> Law Blog Directory -> Criminal Law Blogs -> Sex Crimes

Criminal Law

: Sex Crimes

Markel, Retribution, and Kennedy

By Corey Rayburnyung

Dan Markel has an interesting post at PrawfsBlawg about how retributive theory fits into the Kennedy case:This article of mine from a couple years ago (update: sorry, I had the wrong link earlier) tries to systematically undermine that conclusion. In fact it gives strong reasons to think retributive theory, at least in the version I find most compelling, is actually hostile to the death penalty.  If that argument succeeds, it succeeds against the death penalty's use not only against murderers but also child-rapists. And since the Court has moved away in large measure from predicating its 8th Amendment analysis on non-retributive goals, it entails the conclusion that the Court should make the small move of extending Coker v. Georgia, which held that the Eighth Amendment prohibits the execution of a rapist of an adult, to this scenario...continue to full post

Full post as published by Sex Crimes on April 16, 2008 (boomark / email).