Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Looking at capital child rape's constitutionality through the Atkins/Roper lens

By Douglas A. Berman

Over at CrimProf, Mike Mannheimer has this great extended post titled "Role Reversal in Kennedy v. Louisiana: Or What's Sauce for the Goose . . . ."  Here are snippets from the start of the post:Last night, the death penalty seminar I teach did a moot court of Kennedy v. Louisiana, presenting the question whether capital punishment is unconstitutionally disproportionate to the crime of the rape of a child....  The thing that struck me most after reading the briefs and participating in the moot was the sense of role reversal from Atkins v. Virginia and Roper v. Simmons.  Kennedy is almost the mirror image of those cases in several respects.As I have suggested in a number of prior posts (and will explain more fully as next month's oral argument approaches), there is an extraordinary potential richness to the Kennedy case...continue to full post

Full post as published by Sentencing Law and Policy on March 18, 2008 (boomark / email).