On the Genarlow Wilson case

This morning the Georgia Supreme Court ordered the

immediate release of Genarlow Wilson from state prison,

holding that Wilson's ten year mandatory sentence

violated the U.S. constitution's bar on "cruel and unusual

punishment."



Wilson was convicted of an underage sex crime, having oral

sex with a 15 year old girl. Wilson was 17 at the time. The sex

act was consensual. Wilson spend two years in prison for this.



The Georgia Supreme Court was right. What is wrong is laws

like this. Georgia's legislature has since changed its law (but

did not make it retroactive) but there are other similar laws

on the books in many states, and not just in "backward" or

southern states. In a case in Miami a 14 year old girl was

dating and having sex with her 17 year old boyfriend. The

girl's parents found out about it and forbade her from

seeing the boy again. They grounded her and wouldn't let

her leave her room. The girl crawled out the window one

night to be with and have sex with her boyfriend. The boy

was arrested for a felony. That law is still on Florida's

books.



Besides changes in the law (Georgia reduced the crime

from a felony to a misdemeanor) what is needed at least

as much is greater discretion and common sense on the

part of police officers and prosecutors. Each has discretion

in enforcing the law. The police do not have to arrest some-

one even when a crime has been committed and many,

many times don't. More importantly, prosecutors do not

have to file cases, and many, many, many times don't. The

prosecutor's job, his only job is to seek justice.


Cowed legislators respond to public pressure by enacting

draconian laws, cowed police officers make arrests they'd

probably just as soon not, and cowed prosecutors file cases

with too little concern for justice. What is needed is more

courage and less cowing. This is Public Occurrences.