Summary

Portrait of William O. Douglas William O. Douglas Rosenberg v. United States (346 U.S. 273…

In short, a substantial portion of the case against the Rosenbergs related to acts in pursuance of the conspiracy which occurred after August 1, 1946.
I do not decide that the death penalty could have been imposed on the Rosenbergs only if the provisions of § 10 of the Atomic Energy Act of 1946 were satisfied. I merely decide that the question is a substantial one which should be decided after full argument and deliberation.
It is important that the country be protected against the nefarious plans of spies who would destroy us.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Rosenberg v. United States (346 U.S. 273…

Whether Congress was wise or unwise in doing so is no question for us. The cold truth is that the death sentence may not be imposed for what the Rosenbergs did unless the jury so recommends.
Some say, however, that since a part of the Rosenbergs' crime was committed under the old law, the penalties of the old law apply. But it is law too elemental for citation of authority that where two penal statutes may apply-one carrying death, the other imprisonment-the court has no choice but to impose the less harsh sentence.
Source: Wikisource

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