Answer & Explanation:

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Why isn’t the crime of rape punishable by death? Does it seem to you like it should be a capital crime? If,
for example, someone was raped and died as a result, then they would be charged with murder based
on that rape. Why do we draw a distinction when those who are violently raped do not die? If a person
is a survivor, then their attacker gets a lesser punishment. Does that seem right to you?
This issue was addressed in the 2008 Kennedy v. Louisiana case. I would suggest you review that case to
better prepare for this discussion, but do not simply respond by saying that the Court in that case
decided it would not be a capital crime. I am far less interested in what the Court thought here. I am
much more interested in what you think instead. I would like to hear your comments on the Court’s
reasoning as well. If you agree with the Court, why? If you do not agree, why not? I’m looking forward to
hearing everyone’s position this week!

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