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Criminal Law
: Sex CrimesA New Error in Kennedy
By Corey Rayburnyung
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CAAFlog has the details on an error (albeit a less significant one) in the majority's statement regarding rehearing in Kennedy:I'm not sure what the word "final" means in that sentence (does he mean "approved"?). But regardless of what "final" means, the sentence is wrong. There are currently only five individuals sentenced to death under the UCMJ.
It's apparent why Justice Kennedy got that wrong -- he cites NAACP LDF's authoritative Death Row U.S.A. as the source of his numbers. But on page 1 of the Winter 2008 Death Row U.S.A. issue, the words, "As of January 1, 2008" appear in huge type. Had Justice Kennedy written that as of January 1, 2008, there were six individuals subject to a sentence of death under the UCMJ, he would have been right...continue to full postFull post as published by Sex Crimes on October 03, 2008 (boomark / email).
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