Tag Archive for 'Exxon Shipping Co. v. Baker'

Crime and Punishement?

Before Big Show decided to use the SCOTUS decision in Louisiana v. Kennedy as cover for the Federalist Society talking points, I found myself considering the “punishment” that the Court found appropriate on for an individual defendant and a corporate one.

If you’re going to allow capital punishment at all, the rape of a child seems more than a reasonable basis for it. As long as a state can demonstrate that the process was fair – that the defendant was represented by adequate counsel, no gross errors in evidentiary process, the judge was not of the “hanging” variety – then if they want to execute someone for this crime, so be it. I simply do not understand why the Court found this violated the 8th Amendment. Continue reading ‘Crime and Punishement?’