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Legal Commentary

: Althouse

If the question is whether a life sentence for rape is "cruel and unusual" when imposed on a 13-year-old...

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... why highlight the question of whether a particular convict may have been innocent? To answer the question correctly and establish a legal rule on the subject, you have to assume the litigant was guilty. Does the NYT think this is what must be done to interest readers in stories about constitutional law? Or does it really hope to push public opinion on legal issues by stimulating a clutter of emotions?

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Full post as published by Althouse on February 03, 2009 (boomark / email).

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