Friday, October 26, 2007


Cruel and Unusual

The Georgia young man, Genarlow Wilson, who was sentenced to 10 years for consensually going down on receiving fellatio from his 15 year old girlfriend (when he was just 17) has been released in a 4-3 decision by the Georgia Supreme Court, which you can read in pdf form here. Largely because the legislator had reduced the penalty for the 'crime' to a misdemeanor, such a sentence was unconstitutional in that it ran afoul of the 8th Amendment's prohibition of cruel and unusual punishment. Still kind of a legal stretch for me, but the result is just.

Much more at Volokh here.

I commented on this before here and perhaps revealed too much of my sexual history and preferences.

UPDATE: I was mistaken about the details of the sex act. I've corrected it now.


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