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

Criminal Law

: Sentencing Law and Policy

Two important (and very timely) Eighth Amendment pieces on SSRN

By Douglas A. Berman

Just in time for this week's additional briefing in the Kennedy child rape case, two new pieces talking about the Eighth Amendment can now be accessed through SSRN. One piece, by Corey Rayburn Yung, goes right to the heart of the rehearing debate Kennedy.  This piece is titled "Is Military Law Relevant to the 'Evolving Standards of Decency' Embodied in the Eighth Amendment?" and here is the abstract:On June 25, 2008, the United States Supreme Court issued an opinion in Kennedy v. Louisiana holding that the application of the death penalty to the crime of aggravated child rape violated the Eighth Amendment of the United States Constitution. Three days after the opinion was issued, it was discovered that everyone involved in the case had overlooked a 2006 amendment to the Uniform Code of Military Justice ("UCMJ") that made child rape a death penalty offense...continue to full post

Full post as published by Sentencing Law and Policy on September 15, 2008 (boomark / email).