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Boy doing 10 years for Molestation Released. Letter of the Law vs Spirit of the law
Posted on: Sun, 06/10/2007 - 8:30pm
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A Georgia judge ordered the release Monday of a man sentenced to 10 years in prison for having consensual oral sex with a 15-year-old girl when he was 17. The judge threw out Genarlow Wilson's previous sentence and amended it to misdemeanor aggravated child molestation with a 12-month sentence, plus credit for time served. Under the new ruling, he will not be required to register as a sex offender. Wilson, now 21, has been behind bars for more than
two years.
"If this court or any court cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish ... justice being served in a fair and equal manner," wrote Judge Thomas H. Wilson.
Law's are sticky business.
Letter of the law and spirit of the law are incredibly different things, both of which are used in courtrooms across the nation. There are so many factors that are taken into consideration when the final verdict is given. This is a case that would be clear cut misdemeanor to most judges.... but according to the law, it is a major offense, therefore, any judge is within his legal right to issue a ten year sentence....
If that happens, is justice being served? Well thats not what laws are for... are they? They are there to set boundaries. If people cross those boundaries... there will be punishments.
I know several people who got physically angry if they get a speeding ticket. People will say dumb things like.... but i was only going 10 mph over the speed limit... I thought that was allowed...
Um " Dur Da Dur" its called a speed LIMIT. meaning the fastest you are allowed to drive.... not "hey, this is a good guideline for how fast you should go" The reason that people think this was is most cops follow the Spirit of the Law. They allow you to speed a little and drive with the flow of traffic because its not putting anyone in danger.
The Letter of the law says that in order to have a license, you have to follow all street signs, that means stop at all stop sign and follow the speed limit. That's following the Letter of the Law
Like i said, it's a sticky subject. A lot of criminals sentences ride on judges... and judges are only human.. that means they can be moody, they can be swayed, they can be sympathetic........ and.... they can make mistakes. Mistakes just like the one that was fixed when this kid walked free
I'm Out
-Andrew "Aleon" Leon
- AndrewLeon's blog
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