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The prosecution should drop its appeal, and this case should be over.
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But the prison doors have not sprung open for Wilson. But the punishment has to fit the crime, and the punishment has to be proportionate to what any other person, similarly situated, would receive.
The attorney general has filed an appeal, seeking a higher court's ruling as to whether the court has the power to commute Wilson's sentence to a sentence that did not statutorily exist at the time of his conviction. The fact that no other teen in the state of Georgia could serve a mandatory 10 years in prison for consensual oral sex means it is a gross miscarriage of justice for Wilson to be imprisoned for 10 years.
Ironically, if the two had intercourse, it would have been a misdemeanor, punishable by not more than a year in prison.
After Wilson's conviction, there was outrage over his sentence, and the legislature changed the statute so that oral sex is a misdemeanor too.
The courts said that the only remedy for Wilson was through the legislature, but the legislature refused to act. Thus, Wilson went back to court yet again, this time on a writ of habeas corpus, which means "release the body." The defense argued he was being unfairly held because his incarceration was unconstitutional. The court ruled Monday that Wilson's confinement violated the Eighth Amendment's prohibition against cruel and unusual punishment. He was re-sentenced to 12 months in prison, a total victory for Wilson, who has served nearly double that already.
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 ... Furthermore, he does not have to register as a sex offender when he gets out. What he did was illegal, and he deserved to be punished for it.
And even if the prosecutor's appellate argument has merit, it is a hyper-technical point which loses sight of the bigger picture, that of fundamental fairness.
It crosses the line from using the law as a beacon of justice to a sword of Damocles.