Crime and Punishment Juvenile Justice

Cruel and Unusual (No, not Paris. The real thing)

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While the known world was agog about Paris’ rashes
and court sobbing, a genuine instance of justice gone hideously awry—the case of Generlow Wilson—was getting some traction over in Atlanta.

Just to remind you, Generlow is the kid
who is spending a minimum of ten years in prison because, at age 17, he engaged in consensual oral sex with a teenage girl at a party. [I originally posted about it here.]

After failing with other legal strategies,
Wilson’s attorneys arguing in a habeas petition that 10 years is, under the circumstances, cruel and unusual. An answer to petition is expected Monday.

T. Chris (Attorney T. Christopher Kelly) writes about the case over at TalkLeft.com.

And this editorial
in the Atlanta-Journal Constitution is a good one.

Here’s how it begins:

With a rampart of TV cameras on West Main Street, the folks in Forsyth — about 62 miles south of Atlanta — probably wondered whether Paris Hilton had somehow ended up in their Monroe County courthouse this week.

Instead, when told that the fuss was over a young Douglas County man named Genarlow Wilson, a passer-by asked the sensible question: “What did this kid do?”

(If the above link doesn’t work with your browser, Click here for a link to the Journal-Constitution, plus other media coverage and commentary, rounded up by the always smart Doug Berman at Sentencing, Law and Policy.)

8 Comments

  • Well, I don’t think the “Cruel and Unusual”, would be a valid defense, but I think we can all agree that Paris deserves to spend more time in the Slammer this kid..

  • rlc, I sincerely believe that this has nothing to do with race. The jurors were obligated to apply the law that existed at that time and the judge had to apply the sentence. I saw interviews of the jurors where they did not want this result.

  • This case has everything to do with race and with sending a message. There seems to be a lot of that going on in the judicial system across the country – the problem is the system always chooses the wrong person to make an example of; It seems they go after the good kids to set an example for the bad kids to see — well guess what–ding ding, the bad kids don’t give a crap if they are paying attention at all. A lot of people have asked why. In my estimation it is hard to catch the truly bad seeds, they are slick.

    What has happened to Genarlow is a travesty. His case is not singular – we as American’s – black, white, asian, Indian – we need to stand against this misuse of justice. Make your voice be heard. It is anyone’s guess whose voice will finally be heard – make the effort – someone you love may be the next “example” being set.

  • […] Wilson was arrested for having oral sex with a minor-–never mind that he was a minor too. Incredibly, the offense carried a mandatory ten year prison sentence. Wilson was convicted of aggravated child molestation and sentenced to the required decade in lock-up. The law has since been changed to exclude teenagers, but the change doesn’t apply retroactively. As of now, Wilson has served nearly 29 months of his sentence. [For further backstory check my earlier posts here< /strong> and here< /strong>.] […]

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