Friday, July 13, 2007
Black Teenager Still In Jail in Georgia
Apparently the prosecutor, McDade, feels a strong desire to keep this kid in prison although there appears to be no compelling reason and, under a new law in Georgia, the boy's "actions" are no longer considered criminal.
CORRECTION: - My charges of racism based on a black/white encounter were based on erroneous understanding.
Volokh does bring up the question of race here and decides race is not a significant factor. I still wonder.
As for his actions no longer being considered criminal, that should fall under the tough shitzky rule. When he received a blowjob from a 15 year old girl he was breaking a law that the Georgia Legislature felt, at the time, deserved a 10 year mandatory sentence. Furthermore, the Legislature could have made the law retroactive and decided not to.
There will always be stupid laws on the books that punish too much or too little. Just because Mr. Wilson is a bright young person does not mean he is above the law and be spared a constitutionally sound law. I guess it's just easier to claim racism than to realize that actions have consequences, no matter who you are.
Might want to read the posts you link to, too (like the Volokh link and references). Nobody involved in this episode was white.
Get a life.
The DA is publicly saying that the tape refutes Wilson's supporter's claims that he is a "straight A student" or some such nonsense. What Wilson did isn't in question - he admitted it. People weren't outraged because they think he's an angel, they were outraged because a consensual act between minors was made a felony. Now the DA has been handing out this tape as a counterattack.
The DA's own words have convinced me that he is either a complete idiot or maliciously grandstanding. The question is, indeed, is he doing it out of personal animosity, or opportunism?
The reality is statutory rape laws are most often used to prosecute where the prosecutors can't, or don't want to prove a lack of consent (i.e. to avoid traumatizing the victim further). Tough on him.
And as you can see, there is an easy explanation besides racism: the DA believes he committed rape.
One commentor on this thread makes note that this kid "might be bright, but that does not make him above the law." Which is absolutely correct.
Unfortunately, many such cases involving minor on minor sexual activity in Georgia are prosecuted in a myriad of ways. Selective enforcement = someone getting away with it. And when you pick a bright kid with a future college career and a possible football scholarship as your example to throw the book at on national TV you're going to have to deal with controversey.
So, to the commentors bantering about the 'get the facts straight' blah blah: get your butts into a real Georgia high school in some of those rural counties and affluent Atlanta suburbs and find out what is really going on with the kids. Find out who is videotaping parties in your neck of the woods. Find out which ones of your baby darlin's have laptop wallpapers of their latest statuatory law violation. And then, no matter who their daddy is, go out and demand the book gets thrown at them as hard as it got thrown at Wilson.
Then you'll have a argument.
Dispatch for Chirs Hanssen....
The jury disagreed. They are who supposed to decide these cases. 10 years is extraordinarily harsh for two teenagers engaged in sexual activity. At worst, time served should be enough.
And, why did the state legislature change the law? Seems they think such acts shouldn't be dealt with so harshly either.
Similarly to CPFG's comments, teenagers, unfortunately, are doing this sort of thing all over the country for a long time. When caught, legal action is rare. Heck, when I was in high school in the 1960's, several guys were caught having a gang bang in a pickup camper with one girl. I think all were suspended but no one went to jail for even a minute.
10 years for a 17 year old is way beyond reason. This reminds me of some of the false child molestation cases of the past based on false memories, etc. in which D.A.'s got convictions.
In Ohio, a 46 year old man got probations and staying at a treatment house for repeatedly sexually molesting two boys for three years.
I don't believe the youth is a saint. But, I certainly do believe he is being treated with unreasonable harshness.
There is no man so good that if he placed all his actions and thoughts under the scrutiny of the laws, he would not deserve hanging ten times in his life.
-Michel de Montaigne
Another little story I like to keep in mind.
A story has been told of a mother who sought from Napoleon the pardon for her son. Apparently, to the mother’s request, Napoleon simply responded by saying that it was the man’s second offence and according to the law and justice, it demanded death, and that is what he is going to get. The story goes on to say that the mother persisted and said, “Sir, I don’t ask for justice from you, I plead for mercy.”
"But,” said the emperor, “he does not deserve any mercy.”
To which the mother replies, “Sir, it would not be mercy if he deserved it, and mercy is all I ask.”
"Well, then,” said the emperor, “I will show mercy and pardon your son.” And her son was spared from certain death.
Wait, this "O'Reilly" character is a law enforcement officer? Or the DA is self-acknowledged as willfully spreading child pornography?
I suppose the fact that it's for "educational purposes" will be used as a defense again?
Hmm, I suspect if I started sending out video of a 15y/o girl giving BJ's that I'd have a bit of a jail sentence coming up.
But that's ok, he's a DA so he's allowed to break the law and commit crimes when he's defending his viewpoints... or something.
Is there a manditory sentence for knowingly distributing child pornigraphy? Just asking...
on video - child porn
=== prison time
this is georgia not california
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