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: StandDown Texas Project

The Death Penalty - Unwise for Child Rape

By standdown

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That's the title of commentary in the upcoming issue of National Law Journal by Columbia law prof Vivian Berger.  LINKOn Jan. 4, the U.S. Supreme Court granted Patrick Kennedy's petition to review his capital sentence for raping his eight-year old step-daughter. Kennedy v. Louisiana, No. 07-343. One of only two people on death row for a nonhomicidal offense (the other is also in Louisiana), he claims that the Eighth Amendment forbids the ultimate penalty to be imposed on the perpetrator of a violent crime in which the victim does not die. As a matter of constitutional law, he has a very strong position. But even if the court rejects his challenge, legislators should spurn calls to expand a punishment that is plainly counter-productive in this setting ? not to mention, declining here and moribund in the rest of the world...continue to full post

Full post as published by StandDown Texas Project on January 17, 2008 (boomark / email).

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