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Some Thoughts on the Kennedy Ruling and Texas Lawmaking

By standdown

Three items stand out to me after reading today's ruling in Kennedy v. Louisiana.  First, as Justice Kennedy noted in his opinion: ?As to deterrence, the evidence suggests that the death penalty may not result in more effective enforcement, but may add to the risk of nonreporting of child rape out of fear of negative consequences for the perpetrator, especially if he is a family member. And, by in effect making the punishment for child rape and murder equivalent, a State may remove a strong incentive for the rapist not to kill his victim.? The Texas Legislature, under some pressure from Lt. Gov. Dewhurst, passed a death penalty provision in spite of the testimony of those who know the problem of child abuse best; sex offender treatment counselors, social workers, others who treat victims of sexual abuse, as well as many prosecutors...continue to full post

Full post as published by StandDown Texas Project on June 25, 2008 (boomark / email).