| 00:00:04 |
Unidentified Speaker, -
THIS IS C-SPAN'S AMERICA AND THE COURTS. NEXT, KENNEDY VS. LOUISIANA. THE LONG REQUIRING THE DEATH PENALTY FOR CHILD RAPE WAS HEARD ON APRIL 16. >>
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| 00:00:33 |
Unidentified Speaker, -
WE WILL HEAR ARGUMENT FROM CASE 07343. KENNEDY VS. LOUISIANA, MRS. FISHER. >> THIS COUNTRY HAS NOT EXECUTED ANYONE FOR A RATE OF ANYTIME IN OVER 43...
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| 00:00:57 |
Unidentified Speaker, -
AMERICAN SOCIETY IS WRONG FOR TWO REASONS. THE CAPITAL 3 WHAT IS AT ODDS WITH
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| 00:01:08 |
Unidentified Speaker, -
NATIONAL VALUES BECAUSE LOUISIANA IS THE ONLY STATE IN WHICH THE PETITIONERS CAN BE SUBJECT TO THE DEATH PENALTY. THIS GIVES JURY'S UNFETTERED AND DISCRETION...
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| 00:02:03 |
Unidentified Speaker, -
HYDE BELIEVE THAT THIS REQUIRES NARROWING BEYOND A PARTICULARLY HEINOUS CRIME. IN CONCRETTHERE ARE TWO PROBLEMS THAT ARISE WITH LOUISIANA'S STATUTE....
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| 00:02:22 |
Unidentified Speaker, -
A PARTICULARLY HEINOUS RAPE OF A CHILD UNDER 12? >> WHAT WOULD MAKE IT PARTICULARLY HEINOUS? >> THERE COULD BE SEVERAL AGGRAVATING FACTORS. BUT IN ANOTHER...
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| 00:02:42 |
Unidentified Speaker, -
HOLD THAT THE EIGHTH AMENDMENT PROHIBITED OPPOSING THE DEATH PENALTY FOR RAPE, BUT
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| 00:02:48 |
Unidentified Speaker, -
IT HELD THAT THE EIGHTH AMENDMENT
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| 00:02:53 |
Unidentified Speaker, -
REFERRED TO BREAK WITH ABROGATING CIRCUMSTANCES. IN ONE CASE THE CONVICTED MURDERER COMMITTED THREE CROWNS. HE COMMITTED THE GREAT ALONG WITH KIDNAPPING...
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| 00:03:49 |
Unidentified Speaker, -
RECIDIVIST, IF THE LAW SAID THAT, WOULD YOU SAY THAT YOU CAN'T JUST GIVE EVERYBODY WHO COMMITS THE CRIME THE DEATH PENALTY? YOU HAVE TO NARROW THE CLASS?...
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| 00:04:23 |
Unidentified Speaker, -
MIGHT SAY THAT IS GOOD ENOUGH. IT WOULD STILL BE LEFT WITH THE ARGUMENT THAT THEY WOULD HAVE TO MAKE THAT A PERSON WHO COMMITS CHILD RATE AND DOES NOT...
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| 00:05:07 |
Unidentified Speaker, -
CANNOT START WITH RAPE AND THEN ADD AN AGGRAVATING CIRCUMSTANCE. >> CAN YOU GO OVER THAT? THERE WAS A PLURALITY OPINION IN
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| 00:05:22 |
Unidentified Speaker, -
COKER. I THOUGHT THE JUSTICE LEFT OPEN THE
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| 00:05:34 |
Unidentified Speaker, -
SERIOUS AND LASTING HARM TO THE VICTIM. HE SAID THAT THE COKER JURY WAS NOT ASKED TO FIND IT COULD NOT HAVE FOUND FROM THE BACKS IN THAT CASE THAT THE...
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| 00:06:28 |
Unidentified Speaker, -
THE NARROWEST OPINION THAT COMMANDS A MAJORITY WAS AN OPINION WITH A SEVENTH VOTE. IF
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| 00:06:38 |
Unidentified Speaker, -
YOU COUNT THE TWO JUSTICES ON THIS COURT THAT HELD THAT VIEW WE THINK THAT THE PLURALITY OPINION BECOMES -- >> >>
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| 00:06:51 |
Unidentified Speaker, -
TO PEOPLE THOUGHT THAT THEY WOULD FORM THE MAJORITY OF PEOPLE WHO CONSIDER WHETHER A LAWFUL DEATH PENALTY CAN BE IMPOSED FOR RAPE? IN THOSE CIRCUMSTANCES,...
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| 00:07:16 |
Unidentified Speaker, -
OF ANY WRINKLE IN THIS COURT'S JURISPRUDENCE THAT SAYS THAT IF A JUSTICE IS TOO FAR OUT OF THE MAINSTREAM, AND THAT THEIR VOTE IS DISCOUNTED. >> HE IS...
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| 00:07:37 |
Unidentified Speaker, -
SAID THAT THERE IS NO PERMISSIBLE DEATH PENALTY. IF THAT RANKLE IS NOT THERE, WE SHOULD IRA IN QUICKLY. >>
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| 00:07:47 |
Unidentified Speaker, -
THERE WERE FOUR JUSTICES ON THE PLURALITY OPINION. THAT WAS THE POINT THAT I WANTED TO MAKE. >> I AM ASKING YOU TO FORGET MY QUESTION. EVEN ON THE PLURALITY...
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| 00:08:09 |
Unidentified Speaker, -
ANY QUESTION LEFT IN KOCHER, IT IS ANSWERED BY -- >>
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| 00:08:18 |
Unidentified Speaker, -
IF YOU DID NOTHING MORE -- >> THAT IS A DIFFERENT REASON. >> SPEAKING OF ROPER AND ADKINS, DOES IT ONLY WORKS IN ONE WAY? HOW ARE YOU SUPPOSED TO GET...
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| 00:08:47 |
Unidentified Speaker, -
AS SOON AS THE FIRST STATE SAYS THEY ARE OR TO IMPOSE THE DEATH PENALTY FOR A CHILD RAPE, YOU CAN SAY THAT THERE IS NOT A CONSENSUS, SO IT IS UNCONSTITUTIONAL....
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| 00:09:28 |
Unidentified Speaker, -
I DO NOT THINK THAT IS THE CASE.
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| 00:09:37 |
Unidentified Speaker, -
IT LEAVES OPEN THE POSSIBILITY OF FUTURE DEVELOPMENTS. I THINK THERE MAY BE A MISUNDERSTANDING THAT THIS COURT REALLY NEEDS TO ADDRESS THAT IN THIS CASE....
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| 00:09:54 |
Unidentified Speaker, -
HAD A NATIONAL DEBATE FOR 12 FOR 13 YEARS AS TO THE IMPROPRIETY. >> THE TREND SINCE 1995 HAS BEEN MORE AND MORE STATES IMPOSING THE DEATH PENALTY IN...
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| 00:10:31 |
Unidentified Speaker, -
DETRICK BUT, HERE, IT IS
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| 00:10:39 |
Unidentified Speaker, -
CLEARLY IN THE DIRECTION OF PERMITTING MORE AND MORE STATES TO PERMIT THE CAPITAL PUNISHMENT
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| 00:10:48 |
Unidentified Speaker, -
FOR THIS CRIME. >> CLEARLY, AT CONSENT ROPER LOOK AT TRENDS AMONG OTHER THINGS.
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| 00:10:58 |
Unidentified Speaker, -
THERE WERE 20 STATES IN EACH OF THOSE CASES. WE HAVE TO ASK OURSELVES WHETHER THE MOVEMENT IS ENOUGH TO MATTER. >> LET ME ASK, I AM MORE INTERESTED
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| 00:11:15 |
Unidentified Speaker, -
IN THE ANALYTICAL QUESTION. YOUR POSITION WOULD BE THAT A CASE IN EVERY ONE OF THOSE CASES OF IS UNCONSTITUTIONAL BECAUSE WE SAID THAT THE TREND WAS THE...
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| 00:11:33 |
Unidentified Speaker, -
CAN PASS LAWS. >> YOU WANT TO SAY THAT THIS IS UNCONSTITUTIONAL BECAUSE MOST STATES DO WITH THE OTHER WAY. A I WOULD ASSUME THAT IF A SIMILAR CASE AROSE...
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| 00:11:54 |
Unidentified Speaker, -
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| 00:11:56 |
Unidentified Speaker, -
TAXES CAN DO WHAT GEORGE HAS DONE WHICH IS TO PASS ALONG THAT SAYS THE DEATH PENALTY WILL APPLY. IT IS SEVERAL STATES PASS LAWS LIKE THAT, EVENTUALLY...
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| 00:12:17 |
Unidentified Speaker, -
NOT THE EIGHTH AMENDMENT APPLIES. >> THEY CAN PASS A LAW THAT SEEMS TO CONTRADICT A PRIOR OPINION OF HOURS. -- OPINION OF HOUOURS. IF SOMEONE IS TRIED...
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| 00:12:44 |
Unidentified Speaker, -
IT SEEMS THAT THAT UNDERSTANDING PREVENTS THE DEVELOPMENT OF THE LAW EXCEPT IN ONE DIRECTION. >> AS I SAID, IT MAY BE PRACTICALLY DIFFICULT. THIS COURT...
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| 00:13:16 |
Unidentified Speaker, -
CONSENSUS ONE WAY OR ANOTHER. SO LONG AS KOCHER'S
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| 00:13:22 |
Unidentified Speaker, -
SEEMS TO COVER THE WATERFRONT. SO LONG AS COKER IT METS THE INTERPRETATION THAT YOU CANNOT HAVE A DEATH PENALTY FOR RAPE,. -- RATE, AT ALL. -- DEATH...
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| 00:14:16 |
Unidentified Speaker, -
THERE WAS A DETAILED OPINION THAT EXHORTED AND OTHER STATES TO PASS LAWS LIKE IT. FOR ONE DOZEN YEARS, THERE HAS BEEN A VERY VIGOROUS EFFORT TO GET STATUTES...
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| 00:15:06 |
Unidentified Speaker, -
IT IS A DIFFICULT PROCESS TO RUN THE EVOLUTION OF THE LAW IN BOTH DIRECTIONS. IT JUST CANNOT MATERIALIZES WHEN YOU HAVE ATKINS' LOOKING IN ONE DIRECTION....
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| 00:15:50 |
Unidentified Speaker, -
NOT CONTINUE.
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| 00:15:53 |
Unidentified Speaker, -
IN 2004, WHEN PATRICK KENNEDY WAS PUT ON DEATH ROW IN LOUISIANA, NOTICE WAS SERVED THAT IF YOU WANT
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| 00:16:05 |
Unidentified Speaker, -
A LAW LIKE THIS, YOU HAVE A FEW YEARS TO PASS IT BEFORE THIS CASE IS TO THE SUPREME COURT. THAT IS WHY YOU HAVE SEEN AN UPTICK IN OTHER STATES DOING...
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| 00:17:02 |
Unidentified Speaker, -
I THINK THEY'VE MADE VERY WELL. IN ROPER, THIS COURT ADDRESSED A SIMILAR QUESTION. THERE HAS TO BE A LINE SOMEWHERE. WE CAN IMAGINE A TERRIBLY SERIOUS...
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| 00:17:24 |
Unidentified Speaker, -
CASE -- IF THE STATE WERE TO MAKE THE ARGUMENT FOR YOU TO IMAGINE THE MOST HEINOUS BREAK YOU COULD, IN OTHER STATES WOULD BEG TO DIFFER. SOUTH DAKOTA...
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| 00:18:28 |
Unidentified Speaker, -
MORE OF SOMETHING THAT WE HAVE LESS BASIS TO DETERMINE. WE CAN LOOK AT THE QUESTION AND THE CHARACTERISTICS OF THE OFFENDER. I DO NOT KNOW HOW WE DECIDE...
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| 00:19:38 |
Unidentified Speaker, -
THE DEATH PENALTY. IS TREES AND AN EXCEPTION? >> THIS COURT HAS NEVER ANSWERED THAT. >> IS THERE A FEDERAL PRISON STATUTE? >> THAT DOESN'T REQUIRE MURDER....
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| 00:20:10 |
Unidentified Speaker, -
THE THINK TREASON IS WORSE THAN
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| 00:20:13 |
Unidentified Speaker, -
CHILD RAPE? >> IT HAS BEEN THE MOST
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| 00:20:15 |
Unidentified Speaker, -
SERIOUS CRIME THAT A PERSON CAN COMMIT. HISTORICALLY, AS WELL AS NATIONALLY, BUT IS STILL A
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| 00:20:22 |
Unidentified Speaker, -
SENTIMENT THAT IS SHARED. >> IF WE'RE TALKING ABOUT INVOLVED -- EVOLVING TRENDS, I THINK IT IS FAIR TO SAY THAT
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| 00:20:30 |
Unidentified Speaker, -
A SOCIETY'S RECOGNITION OF THE CRIME OF RAPE HAS EVOLVED EVEN SINCE THE PERIOD OF COKER.
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| 00:20:35 |
Unidentified Speaker, -
SHOULDN'T WE TAKE THAT INTO CONSIDERATION?
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| 00:20:44 |
Unidentified Speaker, -
WHILE COKER MAY HAVE THOUGHT THAT THE RAPE OF AN ADULT WOULD NOT REQUIRE THE DEATH PENALTY, PERHAPS THAT WOULD BE ADDRESSED DIFFERENTLY TODAY, AND CERTAINLY...
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| 00:21:30 |
Unidentified Speaker, -
ORGANIZATION'S THAT DEAL WITH THAT CRIME -- >> IT SAID THAT LIFE IS OVER FOR THE VICTIM OF THE MURDER. FOR THE RAPE VICTIM, LIFE MAY NOT BE AS HAPPY...
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| 00:21:57 |
Unidentified Speaker, -
SERIOUS CRIME. >> THE ARGUMENT WAS MADE THAT THE RAPE LAW
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| 00:22:10 |
Unidentified Speaker, -
IN QUESTION CAME FROM AN EARLIER TRADITION WHEN A WOMAN WAS REGARDED AS GOOD AS DEAD WHEN SHE WAS RAPED. THE CRIME WAS THOUGHT TO BE AN OFFENSE AGAINST...
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| 00:22:28 |
Unidentified Speaker, -
HER. THAT WAS THE BACKGROUND OF COKER. PLUS, THE RACIAL ELEMENT WAS VERY STRONG. I WOULD IMAGINE THAT IF THE COKER QUESTION WAS TO COME UP AGAIN, THOSE...
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| 00:23:44 |
Unidentified Speaker, -
THAT WAS THE HISTORY OF THE RAPE STATUTE. >> I THINK THAT IS FAIR ENOUGH. I THINK THAT PERHAPS JUSTICE ALITO WAS RIGHT. I THINK THAT THE PARK THAT YOU...
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| 00:24:11 |
Unidentified Speaker, -
IN THE QUESTION. HERE, WE HAVE TO VERY SERIOUS AT OF BIDDING CIRCUMSTANCES. THIS IS A PARTICULARLY SERIOUS INCIDENT OF RAPE. THAT DOES NOT CHANGE THE...
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| 00:24:48 |
Unidentified Speaker, -
THE RATIONALE DOES NOT REQUIRE THAT SOMEONE DIED. BUT THERE IS ALSO THE OBJECT OF RATIONALITY. WE UNDERSTAND THAT THERE HAVE BEEN A HANDFUL OF STATES
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| 00:25:02 |
Unidentified Speaker, -
THAT OF COME FORWARD WITH LAWS LIKE THIS. -- THAT HAVE COME FORWARD WITH LAWS LIKE THIS. JUST OVER A SPAN OF FIVE OR SIX YEARS, YOU HAVE TO PEOPLE ON...
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| 00:26:17 |
Unidentified Speaker, -
STATE THAT DOESN'T REQUIRE RECIDIVISM. IT COULD ALSO SAY THAT THE LAW DOES NOT NARROW IT. THERE COULD BE ANOTHER PARTICULARLY HEINOUS CIRCUMSTANCE THAT...
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| 00:26:35 |
Unidentified Speaker, -
ONE MIGHT IMAGINE OTHER AGGRAVATING CIRCUMSTANCES. >> WHAT WOULD THEY BE? >> ONE COULD IMAGINE SOMETHING LIKE TORTURE OR EXTRAORDINARILY SERIOUS HARM...
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| 00:26:59 |
Unidentified Speaker, -
YOU HAVE GOT TO BE 40
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| 00:27:03 |
Unidentified Speaker, -
YEARS IN PRISON AND DO IT AGAIN? I DO NOT THANK YOU. I AM NOT SURE WHAT THE QUESTION IS. >> IF YOU HAVE READ THE CHILD TWICE, THE FIRST TIME YOU DO IT...
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| 00:27:33 |
Unidentified Speaker, -
TAXESTEXAS AND OTHER STATES. THEY ARE LOOKING FOR AN EXTRAORDINARILY SMALL CLASS. IF THERE ARE NO
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| 00:27:44 |
Unidentified Speaker, -
OTHER QUESTIONS, I WILL RESERVE MY TIME.
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| 00:27:50 |
Unidentified Speaker, -
THE KEY, MR. FISHER. MISS CLARK? >> MR. CHIEF JUSTICE,
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| 00:27:58 |
Unidentified Speaker, -
AND MAY IT PLEASE THE COURT. THIS CASE INVOLVES THE SAVAGE RAPE OF AND A YEAR-OLD CHILD. HE RAPED HER SO BRUTALLY THAT HE TORE HER VIRGINIA -- REGINA...
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| 00:28:18 |
Unidentified Speaker, -
IT IS LOUISIANA'S POSITION THAT THE CRUEL AND UNUSUAL PUNISHMENT CLAUSE DOES NOT INCLUDE THE STATE -- WERE THOSE INJURIES PERMANENT >> THOSE INJURIES...
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| 00:28:58 |
Unidentified Speaker, -
TO AN ADULT WOMAN. >> OF BOTH SIDES HAVE SOMETHING OF A DILEMMA WITH COKER. IF YOU SAY THAT IT IS
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| 00:29:09 |
Unidentified Speaker, -
NOT -- THE CONSENSUS IS MORE RELIABLE. IF YOU SAY THAT IT DOES CONTROL THIS CASE, THE CONSENSUS IS NOT SO RELIABLE. >>
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| 00:29:23 |
Unidentified Speaker, -
YES, YOUR HONOR. UNDERSTANDS -- I UNDERSTAND. THE DEFENDANT IS ASKING THE COURT TO CREATE THIS BROUGHT CATEGORICAL RESTRICTION. HE SAYS THAT IT CLEARLY...
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| 00:29:44 |
Unidentified Speaker, -
COKER. THAT SOMEHOW THE FACT THAT THERE IS NOT A GREATER EXISTENCE OF THE RAPE OF A CHILD RAPE LAW, IT IS NOT CONTROLLED BY THE FACT THAT IT HAS NOT BEEN...
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| 00:30:25 |
Unidentified Speaker, -
A MORALIST, I AM A JUDGE. AS A JUDGE, I LOOK AT THE LAW AND IT SEEMS THAT FOR 43 YEARS, NO ONE HAS BEEN EXECUTED BUT FOR MURDER. >> THIS COURT HAS NEVER...
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| 00:30:58 |
Unidentified Speaker, -
STATES WILL FIND LOTS OF DIFFERENT CRIMES WHICH ARE SERIOUSLY HORRIBLE AND SUDDENLY WE WILL BE IN THE BUSINESS OF CREATING, UNDER THE CONSTITUTION, SOME...
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| 00:31:45 |
Unidentified Speaker, -
AND INSTANCES OF TORTURE AND I CAN THINK OF INSTANCES ALL OVER THE PLACE THAT ARE TRULY HORRIBLE, BUT TO TAKE
|
| 00:31:53 |
Unidentified Speaker, -
YOUR POSITION, WE ARE GOING TO DO IS SAY THAT LEGISLATURES ALL OVER THE COUNTRY DO HAVE THE RIGHT UNDER THE CONSTITUTION TO CATEGORIZE HORRIBLE BY HORRIBLE,...
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| 00:32:36 |
Unidentified Speaker, -
CAN SAY THAT RATE CAN INCLUDE A VAST NUMBER OF INSTANCES OF CHILD MOLESTING, EACH OF WHICH IS BAD. THERE ARE DEGREES. I
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| 00:32:48 |
Unidentified Speaker, -
WOULD SUPPOSE THAT CHILD MOLESTING OF ALL THOSE KINDS THAT ARE LISTED WOULD CARRY OUT AS RAPE IF COMMITTED ON A PERSON UNDER 12. SOME ARE ABSOLUTELY HORRIBLE....
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| 00:33:38 |
Unidentified Speaker, -
OTHER THINGS DO NOT COUNT. >> IT IS ONLY ABLE VAGINALLY. I WOULD SUBMIT THAT THAT IS A VERY NARROW CRIME. THIS IS FUNDAMENTALLY DIFFERENT FROM HOMICIDE....
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| 00:33:59 |
Unidentified Speaker, -
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| 00:34:02 |
Unidentified Speaker, -
NEARLYARROWING WAS REQUIRED. ANOTHER PERSON TO COMMIT A FELONY. THERE WAS A WIDE RANGE OF CIRCUMSTANCES. >> WHAT DO YOU DO WITH THE REQUIREMENT THAT...
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| 00:34:39 |
Unidentified Speaker, -
NARROW THE CLASS OF PEOPLE WHO HAVE COMMITTED THAT CRIME SO THAT THE IMPOSITION WILL NOT BE RANDOM.
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| 00:34:47 |
Unidentified Speaker, -
LATER, WE SAY THAT YOU HAVE TO LET THE JURY CONSIDER ANY MITIGATING FACTOR WHICH MAKES IT RANDOM. NONETHELESS, OUR CASES DO SAY YOU HAVE TO NARROW THE...
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| 00:35:28 |
Unidentified Speaker, -
SITUATIONS -- THIS PERSON IS NOT. THERE WERE LOOKING AT SITUATIONS THAT WERE DIFFERENT. >> THE THICK INTENTIONAL MURDER OF A LAW OFFICER WOULD BE NO...
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| 00:36:01 |
Unidentified Speaker, -
WHAT IS AN INSUFFICIENT NARROWING EVEN AFTER
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| 00:36:06 |
Unidentified Speaker, -
COKER? THAT IS FURTHER NARROWING. >> NARROWING WOULD BE REQUIRED IN
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| 00:36:24 |
Unidentified Speaker, -
BENON, SITUATION. WE HAVE DEFINED IT SUMMARILY THAT UNDER THE LAW, IT WAS ONLY CHILDREN UNDER 12. THOSE KIND OF OFFENSES ARE NOT COMMITTED ACCIDENTALLY.
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| 00:36:42 |
Unidentified Speaker, -
IT IS SOMETHING THAT IS FUNDAMENTALLY AND UNIQUELY DIFFERENT FROM MURDER. >> NOW GO BACK TO YOUR ANSWER ON THE MURDER QUESTION? THERE IS AN ANALOG. THAT...
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| 00:37:08 |
Unidentified Speaker, -
HAD. ADDITION THE EXAMPLE THAT YOU GAVE WAS ONE OF THE FIVE INSTANCES WHICH THE COURT SET OUT IN THE OPINION. IN EACH OF THOSE FIVE INSTANCES, NOTHING...
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| 00:40:04 |
Unidentified Speaker, -
WAS THIS, THE LOUISIANA CHILD RAPE STATUTE IS NOT UNIQUE. IN FACT, LOUISIANA DEFINES OTHER CRIMES VERY NARROWLY. YOU ARE MAKING A VERY DIFFERENT KIND...
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| 00:40:30 |
Unidentified Speaker, -
THE STATUTE MUST PASS MUSTER. I DO NOT THINK THAT IS A WAY TO READ THE LOUISIANA STATUTE. THE LOUISIANA STATUTE SAYS THAT KILLING WITH THE INTENT IS...
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| 00:41:26 |
Unidentified Speaker, -
YOU REALLY? IF IT WAS UP TO THE JURY TO GIVE ME THE DEATH PENALTY, WOULD
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| 00:41:36 |
Unidentified Speaker, -
THAT HAVE THE SAME RESULT BY STATUTE THAT SAID THAT IF YOU INTENTIONALLY KILL A LAW ENFORCEMENT OFFICER, YOU ARE SUBJECT TO THE DEATH PENALTY? WOULDN'T...
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| 00:42:14 |
Unidentified Speaker, -
CLASS THAT IS BARE OF IN THE HOMICIDE STATUTE IS SPECIFIC INTENT TO KILL WHICH IS NARROWED BY FIVE OTHER CIRCUMSTANCES. HEAR,THERE IS NOTHING THAT NARROWS...
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| 00:43:03 |
Unidentified Speaker, -
PERHAPS IT ASSIST YOUR POSITION. KOCHER WAS A CRIME. THIS CHILD RAPE STATUTE COULD
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| 00:43:23 |
Unidentified Speaker, -
BE VIEWED AS THE VICTIM BEING MALE OR FEMALE AND THE PERPETRATOR COULD BE MALE OR FEMALE. THERE WAS A FEMALE COHORT THAT WAS INVOLVED IN A RATE. I DO...
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| 00:44:27 |
Unidentified Speaker, -
THEY MAY NOT EXTEND THE DEATH PENALTY TO CRIMES THAT DO NOT PRESENTLY APPLIED. THEY SUGGEST THAT AS A MATTER OF INTERNATIONAL LAW, THERE WOULD BE A...
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| 00:45:17 |
Unidentified Speaker, -
THAT THERE ARE NO TREES THAT ARE CONTROLLING UPON THE UNITED STATES. >> I JUST USED THAT AS AN ANALOGY. THIS HAS BEEN PART OF OUR EIGHTH AMENDMENT JURISPRUDENCE....
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| 00:45:46 |
Unidentified Speaker, -
THE DETERMINATION IS BASED UPON A UNIQUE UNDERSTANDING OF HOW THIS CRIME GRAVELY AFFECTS CHILDREN. >> DO WE KNOW MORE ABOUT THE CRIME, NOW THAT WE DID...
|
| 00:46:06 |
Unidentified Speaker, -
EVEN POSSESS CHILD PORNOGRAPHY IN THE PRIVACY OF YOUR OWN HOME. THAT IS BECAUSE IT IS SO HARMFUL.
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| 00:46:16 |
Unidentified Speaker, -
THOSE SORT OF
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| 00:46:20 |
Unidentified Speaker, -
CASES HELPLESS TO KNOW MORE ABOUT THIS CRIME. >> KIDNEY ONE SECOND ON MY OWN. I JUST FROM THE STATUTE. I LOOKED AT SECTION 42 AND IT SAYS THAT AGGRAVATED...
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| 00:46:45 |
Unidentified Speaker, -
SECTION 41 WHERE IT DEFINES RAPE AS ANAL, ORAL OR VAGINAL INTERCOURSE. AM I RIGHT? IS THAT THE CORRECT STATUTE? >> THAT IS. >> THEN I GO BACK TO MY QUESTION....
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| 00:47:19 |
Unidentified Speaker, -
I THINK OR LAURA DALE IN THE
|
| 00:47:24 |
Unidentified Speaker, -
COURSE WOULD O'CLOCK -- I THINK CORAL -- I THINK THAT ORAL OR ANAL INTERCOURSE WITH THE NARROW UNDER THE STATUTE. >>
|
| 00:47:42 |
Unidentified Speaker, -
WHAT DO YOU SAY ABOUT THE EFFECT OF ANOTHER CASE THAT TELLS US HOW TO READ COKER? YOU KNOW WHAT I AM GETTING AT. >> I BELIEVE THAT WHAT THE COURT WAS...
|
| 00:48:04 |
Unidentified Speaker, -
THE ISSUE, IT DID NOT SAY THAT THE HUMAN LIFE WAS TAKINGEN. IN TYSON, THE COURT WAS TRYING TO ADDRESS THE LIMITS OF THE FELONY MURDER DOCTRINE.
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| 00:48:20 |
Unidentified Speaker, -
WHAT BECAUSE THE PATIENT DID HE HAVE. THE OFFENDER ABSOLUTELY O COMMITTED THE OFFENSE AND DIRECTLY CAUSED THAT TERRIBLE HARM HIMSELF. >> THANK YOU,...
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| 00:49:01 |
Unidentified Speaker, -
|
| 00:49:03 |
Unidentified Speaker, -
JESSICA'S LOT OF THE LAWS THAT ARE ISSUED HERE, LEGISLATURES
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| 00:49:15 |
Unidentified Speaker, -
HAVE REPEATEDLY ACTED TO DETER AND TO PUNISH
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| 00:49:18 |
Unidentified Speaker, -
VIOLENT CHILD RATE. IN PARTICULAR, THE LEGISLATURES OF SEVEN STATES HAVE DETERMINED THAT THE VERY WORST CHILD RAPIST SHOULD BE ELIGIBLE FOR THE MOST...
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| 00:49:31 |
Unidentified Speaker, -
I WOULD LIKE TO SPEAK ABOUT THE EFFECT OF COKER. JUSTICE KENNEDY, YOU'VE RAISED THE DEAL ASPECTS OF COKER. THIS HAS BEEN UNDER A CLOUD OF CONFUSION. A...
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| 00:51:15 |
Unidentified Speaker, -
NOT BE COVERED IF THE VICTIM OF THIS IS UNDER THE AGE OF 13. AM I RIGHT IN THINKING IT IS NOT THE WORST INSTANCES, BUT THE -- BUT ALL INSTANCES? >> ORAL...
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| 00:51:54 |
Unidentified Speaker, -
ONLY VAGINAL AND ANAL. BEYOND THAT, THE JURIES THAT HAVE HEARD THESE CASES, AND THE PROSECUTOR SAID HAVE PROSECUTED HAVE
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| 00:52:11 |
Unidentified Speaker, -
SHOWN EVERY -- AND THE PROSECUTORS HAVE PROSECUTED HAVE -- THE LUN >> THE PROSECUTORS WERE TRYING TO SEE IF THEY COULD GET A PLEA BARGAIN. >>I WOULD...
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| 00:52:52 |
Unidentified Speaker, -
KENNEDY, A PLEA BARGAIN HAS BEEN OFFERED IN EVERY INSTANCE. I AM NOT SURE OF THE SOURCE IN TERMS OF THE CONDUCT OF PROSECUTORS " WE CAN SAY IS THAT PATRICK...
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| 00:53:13 |
Unidentified Speaker, -
CRIMES THAT ARE JUST UNSPEAKABLE. IN BOTH OF THEM, THEY WERE NOT CHILDREN THAT WERE CLOSE TO THE AGE, THEY WERE AND HE WROTE LITTLE GIRL. THAT IS PART...
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| 00:54:34 |
Unidentified Speaker, -
POLICY WHAT WE'RE ADVOCATING IS THAT THERE IS AN EVOLVING UNDERSTANDING OF THE ENORMOUSLY IRREPARABLE THEY CAN
|
| 00:54:49 |
Unidentified Speaker, -
SIT AND LISTEN TO THOSE ADVOCATES AND WASN'T TOO THE EMPIRICAL DATA AT AND CONSIDER ALL OF THESE AND DECIDE ONE WAY OR ANOTHER. I WOULD FULLY EXPECT...
|
| 00:57:11 |
Unidentified Speaker, -
SOURCE IS THAT OF THE LEGISLATURES. . .
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| 00:57:23 |
Unidentified Speaker, -
BECAUSE OTHER NATIONS HAVE MADE A POLICY DETERMINATION ABOUT THE DEATH PENALTY, IT IS FORBIDDEN TO THE U.S. CONGRESS, TO THE STATES OF THE U.S., AND TO...
|
| 00:59:00 |
Unidentified Speaker, -
AS BEING CONSISTENT WITH SOUND THAT STATUTORY DRAFTING AND THE STATUTORY POLICY? >> WE WOULD SIT AT THE STATUTE IS SUFFICIENTLY NARROW AS DRAFTED. BUT...
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| 00:59:29 |
Unidentified Speaker, -
TO OTHER NARROWING ACTIVATORS. ONE IS PARTICULARLY HEINOUS ACTIONS, SUCH AS IN FLORIDA AND GEORGIA. THEY DETERMINED THAT THE THAT KENNEDY'S ACT, WHICH...
|
| 01:00:29 |
Unidentified Speaker, -
WHERE ONLY A FEW OFFENDERS OUT OF A VAST POOL ARE GIVEN THE DEATH PENALTY AND THERE IS NO LEGAL PRINCIPAL REASON WHY THOSE OFFENDERS ARE GIVEN THE DEATH...
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| 01:00:44 |
Unidentified Speaker, -
AT HIM CAREX, AS BEST AS WE'VE BEEN ABLE TO -- IF YOU LOOKIT E,PIRICS, UNDER LOUISIANA'S DEFINITION OF CHILD RAPE ABOUT FIVE TIMES AS MANY ARE CONVICTED...
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| 01:02:25 |
Unidentified Speaker, -
A GENERAL WERE OF ALL THE AGGRAVATING FACTOR, THE KILLING OF A POLICE OFFICER, THE JURY CAN DECIDE FROM THE ENTIRE CATEGORY OF THE KILLINGS OF LAW OFFICERS...
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| 01:02:44 |
Unidentified Speaker, -
OFFENSE TO KILL A LAW OFFICER, WITHOUT ANY FURTHER QUALIFICATIONS? IT IS EXACTLY THE SAME RESULT. GOES TO THE JURY. THIS PERSON IS A LAW OFFICER. IT...
|
| 01:03:22 |
Unidentified Speaker, -
THE OTHER STATES THAT HAVE PASSED LAWS REGARDING WITH CHILD RATE OF BECOMING A CAPITAL CRIME IS ALL ABOUT RECIDIVISM. LOUISIANA IS NOT PART OF THAT TREND....
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| 01:03:54 |
Unidentified Speaker, -
THE ANALYSIS, LOUISIANA STANDS ALONE IN TERMS OF WHAT THE NATIONAL CONSENSUS IS. IT IS NOT ENOUGH FOR OTHER STATES, EDMONDS SAYS, TO MAKE THE BASIC...
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| 01:04:11 |
Unidentified Speaker, -
THE OFFENDER MORE CULPABLE OR CRIME MORE SERIOUS, AND WE EXCLUDE THOSE STATES FROM ART BEAN-COUNTING ANALYSIS. >> I AM NOT SURE THAT THE FRIENDS OF THAT...
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| 01:04:40 |
Unidentified Speaker, -
THAT WE WERE 30 YEARS AGO. WHEN YOU READ THE COKER OPINION, SIX STATES MAY CHILD RAPE A CAPITAL OFFENSE.
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| 01:04:50 |
Unidentified Speaker, -
WHAT THEY'VE BEEN ABLE TO ACCOMPLISH OVER 31 YEARS IS TO BRING THIS BACK EXACTLY WHERE WE WERE THEM. JURISPRUDENCES BASED ON THE IDEA THAT A FEW STATES...
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| 01:05:53 |
Unidentified Speaker, -
ON TONIGHT'S AMERICAN PERSPECTIVES, THE CNN BROADCAST JOURNALIST WILL
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.