Legal News - DOJ admits overlooking military law in rape case
Legal News Home page Click here to add this website to your favorites
  rss
Bar News Search >>>

The US Department of Justice said Wednesday that it had mistakenly failed to brief the Supreme Court on the existence of a military law allowing capital punishment for child rape before the court decided the case of Kennedy v. Louisiana. In Kennedy, the court held 5-4 that a death sentence constitutes cruel and unusual punishment when imposed for a crime in which the victim was not killed. The majority supported its reasoning by saying that very few states had such laws and that - incorrectly - there were no federal laws allowing the punishment for rape. In its admission, the DOJ noted that a 2006 amendment to the Uniform Code of Military Conduct does in fact allow the death penalty at court-martial for rape and child rape. Lousiana Governor Bobby Jindal has said lawyers for the state are considering whether or not to petition the court to reconsider the case. The oversight was first raised Saturday by a civilian Air Force lawyer in his blog on military justice.

The Supreme Court's holding reversed a 2007 decision by the Supreme Court of Louisiana. The high court ruling has already been criticized by a wide range of lawmakers.


Breaking Legal News  |  Headline News  |  Law Center  |  Legal Business  |  Court News  |  Law Firm News  |  Legal Interviews |  Political and Legal
Practice Focuses  |  Legal Spotlight  |  Events & Seminars  |  Legal Marketing  |  Court Watch  |  Immigration  |  Press Releases
International  |  Politics  |  Justice Stories  |  Web Design for Law Firms  |  Celebrity Courthouse
Law Promo's specialty is law firm web site design. Law Firm Web Design by Law Promo
© The Legal News Journal. All rights reserved.