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April 28, 2008


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To be fair, in Louisiana v. Kennedy, I believe the dividing line was 12 or 13, not 18. Of course, one could easily ask a similar question about 11/12 or 12/13, but I think it becomes easier to consider if the age is lower (e.g., both an 11-year-old and a 12-year-old may be inherently scarred, but we can safely say with a higher degree of confidence that an 11-year-old will be scarred than a 17-year-old).

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