February 15, 2008

Kennedy v. Louisiana

The Supreme Court is slated to Kennedy v. Louisiana at some point later this term. Kennedy deals with the constitutionality of child rape being considered a capital offense. While unquestionably an abhorrent crime, the 1977 Supreme Court case Coker v. Georgia outlawed rape as being a capital offense due to the disproportionate nature of punishment; taking a life for a crime that did not itself take life.

Sentencing Law and Policy has a good summary of the points in question and the Sex Crimes blog has links to more resources.

0 comments: