tag:blogger.com,1999:blog-34853720.post1579669953831353492..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: Military law front and center in Kennedy v. Louisiana rehearing petitionDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-34853720.post-17062410304654952902008-07-22T16:18:00.000-04:002008-07-22T16:18:00.000-04:00Note also footnote 18, I think Petitioner's could ...Note also footnote 18, I think Petitioner's could have gotten their number of people affected by the UCMJ change higher, and should have. They chose to use the active duty population, but left out Coast Guard, 110,000 or so activated Reservists/NG/etc., and maybe another 840,000 Reservists. Those Reservists are subject to the UCMJ, in many cases, and on active duty at least two weeks a year (though I realize they limited there # to active duty, Reservists msut do 2 wks active duty to remain paid Reservists).Mike "No Man" Navarrehttps://www.blogger.com/profile/11434921480452541955noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-24037107938826376872008-07-22T08:34:00.000-04:002008-07-22T08:34:00.000-04:00To be fair though -- especially in light of the ef...To be fair though -- especially in light of the effort it makes to focus on military legal history -- I think the petition should also have cited the other dozen or so instances where the UCMJ authorizes the death penalty, only one of which (premeditated murder) actually requires a person to have died as a result of the accused's actions. In this context, the death penalty for child rape might appear less to be evidence of any "national consensus" of its appropriateness, and more of a special recognition of the unique needs and interests of the military justice system.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-50369646123793996012008-07-22T08:00:00.000-04:002008-07-22T08:00:00.000-04:00Good job. We'll get those Catholic priests yet.Good job. We'll get those Catholic priests yet.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-69872253816715078682008-07-22T03:17:00.000-04:002008-07-22T03:17:00.000-04:00CAAFLOG will be cited favorably by those who FAVOR...CAAFLOG will be cited favorably by those who FAVOR the death penalty. Well done!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-32017029419772516712008-07-22T02:57:00.000-04:002008-07-22T02:57:00.000-04:00Little did I know that my T-shirt would one day be...Little did I know that my T-shirt would one day be cited in a document filed with the Supreme Court.<BR/><BR/>Well done, CAAFlog!Christopher Mathewshttps://www.blogger.com/profile/01613318712384842689noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-90920114625890590612008-07-21T23:39:00.000-04:002008-07-21T23:39:00.000-04:00My sources tell me this is a shoe-in for rehearing...My sources tell me this is a shoe-in for rehearing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-45485055822568419622008-07-21T23:31:00.000-04:002008-07-21T23:31:00.000-04:00You're presumably too modest to point it out, so I...You're presumably too modest to point it out, so I'll do it for you: CAAFlog was cited in footnote 5 of the rehearing petition.<BR/><BR/>Very interesting and persuasive petition. Footnote 6, citing a recent opinion poll, points out that 55% favor the death penalty for child rape. This is probably a polite way of reminding the Court that it engaged in fact-finding on the "national consensus" without giving either party an opportunity to develop those facts below.<BR/><BR/>The chart on page 8 is also very persuasive, showing that the trend is clearly towards wider acceptance of the death penalty for child rape. Unfortunately, the chart contains an error--death has long been the penalty for the old Article 120, which makes no distinction between rape of an adult or child. "Armed Forces" should have been listed for every year, not just 2007. <BR/><BR/>Will CAAFlog be the instigator of a Supreme Court rehearing? Will Louisana's petition get the necessary five votes for rehearing? I wager one dollar on yes. Anyone wanna take that bet?Cloudesley Shovellhttps://www.blogger.com/profile/13344314546798687667noreply@blogger.com