I repeat: The latest case from the Supreme Court, the Lowenfield case versus Phelps, 1988, found constitutional the prospect of having a rape in my hypothetical be used as an aggravating factor, and if it is just an ordinary rape, if there happens to be such a thing as an ordinary rape, then the language that the gentleman from New Jersey [Mr. Hughes] was projecting, heinous, and vicious, and so forth, may not apply to a rape. Yet we believe that a rape is a rape is a rape and, therefore, should be considered as an aggravating circumstance in the rape murder which I outlined to my colleagues. Moreover, the gentleman from New Jersey [Mr. Hughes] misstates what he says was my misstatement. The jury at all times can recommend life without parole, under my language, and further, if they fail to do so, the court on its own motion, when it is determined by the jury that life imprisonment is the final answer, the judge himself can impose life without parole.
Editor's note · Context
Discussing the implications of a Supreme Court case on the treatment of rape in legal sentencing.
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