QUOTE (jackie hayes @ Jun 28, 2008 -> 12:43 PM)
It seems that that angle played only a small part in the Court's reasoning, though. Even if that weren't true, they would have struck it down (apparently).
Well, on page 35, after considering the difficulties in prosecuting a child rape case, at the end of the opinion, the Court stated:
So, according to the Court, the death penalty would not have been struck down if everything were not considered together. Whether that's true or not, I don't know.
And I'm not stating that the decision was right or wrong, I was merely adding a practicality to the discussion.