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Criminal Law

: StandDown Texas Project

Editorials on Kennedy v. Louisiana

By standdown

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Today's New York Times carries the editorial, "Anger and Restraint."For the law to be just, it must temper society?s anger over even the most horrible acts with decency and restraint. The Supreme Court exemplified that principle on Wednesday, striking down the death penalty for the rape of a child. While acknowledging the horror of the crime, Justice Anthony Kennedy?s majority opinion drew on widely shared standards of decency, constitutional law and real-world impact to explain why the Constitution forbids punishing it with death. The 5-to-4 ruling also laid down a critical standard: in cases of crimes against individuals (which excludes treason and espionage) the death penalty can be applied only when the victim?s life is taken. That rule should deter efforts to extend the use of capital punishment...continue to full post

Full post as published by StandDown Texas Project on June 26, 2008 (boomark / email).

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