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December 2, 2008 4:20:27 AM CST

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Supreme Court Goofs Up Key Fact in Child Rape Decision

Posted Jul 2, 08 2:36 AM CDT in Crime & Courts 

(Newser) – The Supreme Court misconstrued a key fact in reaching its recent decision banning the death penalty for child rape, reports the New York Times. Swing justice Anthony Kennedy mistakenly noted in his decision that child rapists did not face the death penalty in federal jurisdiction. But in fact the rape of a child was made a military capital crime when the military code of justice was revised in 2006.

A military lawyer picked up on the error about jurisdictions, which formed a central plank of the court's argument about "evolving standards of decency." The losing party, Louisiana, has 25 days to file a request for the court to reconsider its ruling. But any move to reverse the 5-4 decision is thought to be unlikely, despite the court's blunder. 

Source New York Times

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In this March 3, 2006 file photo, members of the Supreme Court pose for a photo at the Supreme Court' Supreme Building in Washington.   (AP Photo/J. Scott Applewhite, File)
Supreme Court Justice Anthony Kennedy speaks at a roundtable discussion titled "Making the Law Work for Everyone", Friday, June 13, 2008.   (AP Photo/Charles Dharapak)
The rape of a child can carry the death penalty under military law, but the military has not executed anybody since it hung a soldier in 1961for raping an 11-year-old.   ((c) ThisParticularGreg)
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