As mentioned in class, this week and next our class discussions will migrate from the basics of modern capital sentencing to the basics of modern non-capital sentencing. And, as the Coker and Kennedy cases highlight, all modern capital cases now involve only the crime of murder even though any number of sex offenses often lead legislatures to make special (and severe) sentencing laws and rules. On the topic of sex offenses, and with unique aspects of the "who" story in the mix, I recommend everyone check out these two new stories from my main blog concerns sentencing developments in our own state of Ohio:
Ohio Supreme Court finds multiple constitution flaws in mandatory sex offender sentencing process
One response to “Two fascinating new Ohio “who” sex offense sentencing stories”
I found a comment on the main blog regarding the first article posted to be rather interesting. The comment generally stated that it’s “un-American” for a person to be able to be convicted based solely upon the word of the alleged victim. It is because of this that I would tend to agree with the dissent in the case. It seems to me that the legislature could have the same sort of feelings towards convictions based solely upon a “he said, she said” type of scenario and, therefore, not requiring mandatory jail time under those scenarios seems perfectly rational.
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