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Criminal Law

: Sex Crimes

The Other Argument in Kennedy

By Corey Rayburnyung

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The first argument being argued in Kennedy, that capital child rape statutes are (not) part of an evolving standard of decency, has overshadowed the second argument in media and web coverage.  The second argument concerns whether the class of defendants is sufficiently narrowed under the Louisiana statute.  Because the aggravating factors that applied to Kennedy were also elements of the crime, there is a real question over whether any narrowing has occurred. The government almost dism read more

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Full post as published by Sex Crimes on April 15, 2008 (boomark / email).

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