Wednesday, December 20, 2006

Should the prosecutor request clemency for Genarlow Wilson?

I just read this detailed article in Atlanta Magazine, which provides lots of background on Genarlow Wilson's crime and trial that landed him in a Georgia prison for 10 years for consensual oral sex.  This passage about David McDade, the elected district attorney who prosecuted Wilson, jumped out at me:

McDade says that he agrees that consensual teenage sex, including oral sex, does not necessarily warrant a decade-long prison sentence, but he insists there were no other options to consider in this case as long as that law remains on the books.

As noted in prior posts (linked here), "that law" requiring 10 years for Genarlow Wilson is no longer "on the books," but the Georgia Supreme Court has not given Wilson any relief (details here).

As I suggested here, Wilson's case cries out for executive clemency and now I think David McDade should be the one leading the call for clemency for Genarlow Wilson.  Without clemency, Wilson will surely be challenging his sentence in a federal habeas action.  Wouldn't the people of Georgia be better served by helping Wilson get justice through a release than by having the state defend a sentence in federal court that no one thinks is just?

December 20, 2006 in Examples of "over-punishment" | Permalink | Comments (25) | TrackBack