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Focused analysis of distraction of Kennedy case

By Douglas A. Berman

Writing at FindLaw, Marci Hamilton has this new piece entitled "The Supreme Court Considers Whether Imposing the Death Penalty for Child Rape Is Constitutional: The Arguments For and Against the Penalty."  Though focused mainly on the arguments presented to the Justices, the piece ends with this astute observation: In sum, whether or not the Court upholds the death penalty for child abusers this Term, the entrenched barriers to identifying predators will not be eliminated, or even reduced. For that reason, from the perspective of the child being abused today or the survivor trying to cope in the wake of abuse decades ago, the case is a lot of hype - a paper battle that distracts from the far more essential battle for the reforms that are truly necessary if justice and decency are to be served...continue to full post

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