On Jan. 4, the Supreme Court granted Patrick Kennedy's petition to review his capital sentence for raping his eight-year old step-daughter. In Kennedy v. Louisiana , Kennedy 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 rules against him, legislators should spurn similar statutes. They represent bad social policy.
January 21, 2008 at 12:00 AM
1 minute read
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