A Criminal Enterprise

Crim Prof Blog features Bidish’s Kennedy v. Louisiana short article in the YLJ Pocket Part

Posted in Uncategorized by Robert Smith on September 5, 2009

Here is the post from Crim Prof Blog:

Bidish Sarma has posted Still in Search of a Unifying Principle: What Kennedy v. Louisiana and the Supreme Court’s Denial of the State’s Petition for Rehearing Signal for the Future (Yale Law Journal Pocket Part, Vol. 118, pp. 55-60, 2008) on SSRN. Here is the abstract:

In Kennedy v. Louisiana, the Supreme Court struck down a Louisiana law that authorized the death penalty for the crime of child rape. The Court held, first, that ‘there is a social consensus against capital punishment for the crime of child rape;’ and, second, that in the Court’s own ‘independent judgment’ the penalty is disproportionate. Kennedy came under intense public scrutiny because a purported omission in the majority opinion was said to undermine the decision on its own terms. The State of Louisiana claimed that a recent change in military law invalidated the Court’s finding of a national consensus. It attempted to capitalize upon fresh media coverage and widespread confusion about the facts by filing a petition for rehearing with the Supreme Court. On October 1, 2008, the Court denied the request for a rehearing. This piece briefly explores: (I) the basis of the Court’s decision to reject the request for rehearing; and (II) the Kennedy decision’s implications for the Eighth Amendment’s future.

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