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Criminal Law

: Sentencing Law and Policy

Final version of "Engaging Capital Emotions"

By Douglas A. Berman

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The Supreme Court should soon hand down its opinion about the constitutionality of capital child rape laws.  While we wait, readers are welcome to check out the finalized version of the commentary Stephanos Bibas and I put together, titled "Engaging Capital Emotions," which is already in print here as at the Northwestern University Law Review Colloquy.  Helped by the Colloquy's terrific editorial team, we have refined a few points from our first drat and added this conclusion:  Emotions can evolve and be informed. Some opponents contend that capital-child-rape laws will harm child-rape victims and their families. If so, this harm will undercut the sympathy and empathy that drive these laws, leading legislators to pull back...continue to full post

Full post as published by Sentencing Law and Policy on June 17, 2008 (boomark / email).

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