IU Law Prof. Says Supreme Court May Have Flubbed Child Rape Decision

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(BLOOMINGTON) - An Indiana University law professor says the Supreme Court may have made a mistake in its decision on applying the death penalty to child rapists.

In the 5-4 decision in Kennedy v. Louisiana, the Supreme Court determined the death penalty cannot be constitutionally applied to a criminal convicted of anything less than murder, or other high state crimes like treason and espionage.

However, IU law professor Craig Bradley says the recent addition of capital punishment for child rapists within the military, under the Uniform Code of Military Justice, could cause the Roberts court to re-visit its decision, saying the court made a, "mistake," in the decision.

However, Bradley also believes that, should the case be re-visited, a different result would be unlikely.

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