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Criminal Law

: StandDown Texas Project

In Court Ruling on Executions, a Factual Flaw

By standdown

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That's the title of Linda Greenhouse's report in today's New York Times.  LINKWhen the Supreme Court ruled last week that the death penalty for raping a child was unconstitutional, the majority noted that a child rapist could face the ultimate penalty in only six states ? not in any of the 30 other states that have the death penalty, and not under the jurisdiction of the federal government either. This inventory of jurisdictions was a central part of the court?s analysis, the foundation for Justice Anthony M. Kennedy?s conclusion in his majority opinion that capital punishment for child rape was contrary to the ?evolving standards of decency? by which the court judges how the death penalty is applied. It turns out that Justice Kennedy?s confident assertion about the absence of federal law was wrong...continue to full post

Full post as published by StandDown Texas Project on July 02, 2008 (boomark / email).

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