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June 29, 2008 12:00 AM

Here's argument against death penalty for rape

One section of the U.S. Supreme Court's ruling outlawing the death penalty for rapists of children is a reminder of an observation by Justice Oliver Wendell Holmes: The life of the law has not been logic but experience. The differing ways the justices interpret that observation leads to sharply divergent opinions in cases such as this one.

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