The United States Constitution and Judicial Review

News

On Nov. 22, 2012, a group of SHUFE Law students enjoyed a humorous but profound speech from Chad W. Flanders, who got his Ph.D. in Philosophy from the University of Chicago and J.D. from Yale Law School. The speech titled “The United States Constitution and Judicial Review” mainly talked about the relationship between freedom & punishment and rule of law through four typical cases. Respectively, they are flag burning, funeral protests, the death penalty and life in prison without parole.

Kerry Wei, first-year graduate student from JM center showed his point of view to the audience according to the case#3.

“I don’t know American Constitution well, but I think death penalty is so severe and heavy that it will make the punishment deviate from the original purpose of law. In China, if a man did the same thing as Patrick Kennedy did, he would not be given death penalty, unless the victim was raped to death or killed by him with violence.”

Flanders further analyzed the conflict between freedom and democracy and constitution.

“On the one hand, the constitution is America’s fundamental law and guarantees certain rights and liberties as well as protect citizens against cruel and unusual punishment. On the other hand, the constitution is responsible for the preservation of social order and punishment of the guilty. Sometimes there will be an inevitable clash between them.”

He put forward several approaches to solving the above conflict in the end of the lecture, such as some rights are preconditions of democracy(speech), and some rights are supported by the majority, but they don’t know it yet(cruel and unusual punishments). The lecture successfully concluded after an active Q&A session.

Case#3 is enclosed here.

Patrick Kennedy raped his step-daughter when his wife was not home. When the police questioned him, Kennedy initially lied and blamed two neighborhood boys. The rape was described by the court trying him as “uncommonly brutal.”

Should Patrick Kennedy be given death penalty? Yes or No?

(By Kerry)

Published：2012-11-23 Hit：472