Why is it a bad idea to deliver a speech from memory? What are some indicators that a speaker is doing this? Explain and provide examples.

(USSC 2008a . In Coker , Justice Powell writes

'there is extreme variation in the degree of culpability of rapists The deliberate visciousness of the rapist may be greater than that of the murderer . Rape is never an act committed accidentally . Rarely can it be said to be unpremeditated . There also is wide variation in the effect on the victim . The plurality opinion says that 'life is over for the victim of the murderer for the rape victim , life may not be nearly so happy as it was , but it is not over

and normally is not beyond repair But there is indeed "extreme variation " in the crime of rape . Some victims are so grievously injured physically or psychologically that life is beyond repair (USSC 1997

Furthermore , the law allows for aggravating circumstances to be considered when appropriate . With respect to the crime of rape , only three such circumstances are specified (i ) the offense was committed by a person with a prior record of conviction for a capital felony (ii the offense was committed while the offender was engaged in another capital felony or in aggravated battery and (iii ) the offense was 'outrageously or wantonly vile , horrible or inhuman in that it involved torture , depravity of mind , or an aggravated battery to the victim according to Justice Powell (USSC 1997 . That Coker lacks the third requirement caused the Court to decide against the death penalty for the rape case . The Kennedy case , on the other hand , lacks the first two aggravated circumstances which may cause it to loose the death penalty sentence . The question , however , is whether the Court will allow the capital punishment for child rape . Along with the other arguments Justice Ginsburg may vote in favor of Louisiana on this ground

Justice Breyer , on the other hand , was critical...