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Criminal Law

: Sex Crimes

Berman and Bibas on Capital Emotions

By Corey Rayburnyung

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Two leading sentencing scholars have posted a paper revolving around the Louisiana v. Kennedy case. Here is the abstract on SSRN:The Supreme Court, in Kennedy v. Louisiana, is about to decide whether the Eighth Amendment forbids capital punishment for child rape. Commentators are aghast, viewing this as a vengeful recrudescence of emotion clouding sober, rational criminal justice policy. To their minds, emotion is distracting. To ours, however, emotion is central to understand the death penalty. Descriptively, emotions help to explain many features of our death-penalty jurisprudence. Normatively, emotions are central to why we punish, and denying or squelching them risks prompting vigilantism and other unhealthy outlets for this normal human reaction...continue to full post

Full post as published by Sex Crimes on June 03, 2008 (boomark / email).

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