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Criminal Law

: Sex Crimes

Will the Kennedy Court Take Notice?

By Corey Rayburnyung

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One of the trickier parts of the "evolving standards of decency" analysis in Kennedy v. Louisiana concerns what should be made of those states that have considered, but not adopted capital child rape statutes. If Orin Kerr is right that Missouri's hypothetical adoption of such a statute could inform court opinion, what should the court make of two states, Alabama and Missouri, failing to pass such statutes. First, here is the story from Alabama (via Capital Defense Weekly):The Alabama Legislature finished its annual session at midnight on May 19, 2008. Among the bills dying at that hour was H.B. 456, sponsored by Rep. Jeremy Oden (R.-Vinemont). The bill would have made repeat offenses of first degree rape, sodomy, or sexual abuse a capital crime where the victim was under the age of 12...continue to full post

Full post as published by Sex Crimes on May 29, 2008 (boomark / email).

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