A Rare DOJ Mea Culpa in High Court Child Rape Case

Posted on Friday 4 July 2008

The Justice Department has made an extraordinary statement of regret for its handling of the case of , in which the Supreme Court last month ruled that the death penalty for non-homicide child rape was unconstitutional. In a significant omission, no one told the Court in briefing the case that under a law passed by Congress in 2006, child rape was made eligible for the death penalty under the Uniform Code of Military Justice. But why is the DOJ taking responsibility?

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