Comments on: Genarlow Wilson http://www.bloggernews.net/17661 High-quality English language analysis and editorial writing on the news. Wed, 09 Jul 2008 09:05:11 +0000 http://wordpress.org/?v=2.3.3 By: BT http://www.bloggernews.net/17661#comment-60305 BT Sat, 14 Jul 2007 09:30:39 +0000 http://www.bloggernews.net/17661#comment-60305 I don't need to imagine "what would happen if every judge decided that his or her judgement should be taken in place of another’s" because every judge would not decide that. The result would not "be chaos" because every judge does not want to override the law or replace it with whims. It is not a rigid adherence to a rule that protects us, it is intelligence. Sometimes the "rule of law" does not fit the reality of what would be a truly Just sentence. It is important for a judge to be able to recognize injustice- far more important than sending a kid to prison for doing what teenagers everywhere do-have sex with other willing teenagers- no matter how many adults try to stop them with rules, scare tactics, threats and laws. Try instead to imagine what would happen if every judge was only there to read out the sentence specified by laws written with no consideration of the individual cases. Do you think justice is better served by applying a blanket law? Do you think the letter of the law is always more correct than any deviation from it? "I was just following the rules" is an excuse for those who are not willing to do the work of being truly human, and rising above the rules, including laws, in order to uphold the ideals that our legal system was built to uphold. As President Lincoln said... "The punishment for a crime should not do more harm than the crime." Do you agree with him? I don’t need to imagine “what would happen if every judge decided that his or her judgement should be taken in place of another’s” because every judge would not decide that.
The result would not “be chaos” because every judge does not want to override the law or replace it with whims.

It is not a rigid adherence to a rule that protects us, it is intelligence. Sometimes the “rule of law” does not fit the reality of what would be a truly Just sentence. It is important for a judge to be able to recognize injustice- far more important than sending a kid to prison for doing what teenagers everywhere do-have sex with other willing teenagers- no matter how many adults try to stop them with rules, scare tactics, threats and laws.

Try instead to imagine what would happen if every judge was only there to read out the sentence specified by laws written with no consideration of the individual cases.
Do you think justice is better served by applying a blanket law?
Do you think the letter of the law is always more correct than any deviation from it?

“I was just following the rules” is an excuse for those who are not willing to do the work of being truly human, and rising above the rules, including laws, in order to uphold the ideals that our legal system was built to uphold.

As President Lincoln said… “The punishment for a crime should not do more harm than the crime.”
Do you agree with him?

]]> By: Thomas Lawrence http://www.bloggernews.net/17661#comment-43266 Thomas Lawrence Tue, 19 Jun 2007 23:53:18 +0000 http://www.bloggernews.net/17661#comment-43266 There are a few facts left out of this blog. First, the sex act was not consensual. The girl was 15, and the age of consent in Georgia is 16. This was a willing, but not consensual, sex act. Second, had Genarlow had sex with the girl, he would still have faced a 5-year prison sentence, rather than the 10-year sentence he has. It was still illegal, based on the laws on the books at that time, to engage in sexual activity with a 15-year old. Third, Genarlow did have other options available to him. The other young men who participated in the "party" took plea bargains and received lower sentences. At least one has already been paroled. Genarlow chose to go to trial, and was tried, convicted, and sentenced legally. At least 12 jurors and 1 judge agree on that fact. If Genarlow is a victim, he is a victim of his own poor choices and refusal to accept responsibility for his actions. It is unacceptable and illegal to participate in a sex act with a 15-year-old girl. He broke the law. He needs to acknowledge that. Note that what he did is still a misdemeanor, and would still entail jail time today. It is still illegal in Georgia to participate in a sex act with a 15-year old girl. The legislature had the power to make the law change apply retroactively, and chose not to. They did so knowingly. The prosecutor performed his duties legally and ethically, and the attorney general is doing the same thing. No judge has the authority to substitute his or her judgment in the place of the trial court. If we choose to disregard the rule of law, then it can no longer protect us. Imagine what would happen if every judge decided that his or her judgment should be taken in place of another's. The result would be chaos. Genarlow's case will be heard in front of Georgia's Supreme Court in October. We'll have to wait until then to see whether his sentence will be modified. There are a few facts left out of this blog. First, the sex act was not consensual. The girl was 15, and the age of consent in Georgia is 16. This was a willing, but not consensual, sex act. Second, had Genarlow had sex with the girl, he would still have faced a 5-year prison sentence, rather than the 10-year sentence he has. It was still illegal, based on the laws on the books at that time, to engage in sexual activity with a 15-year old. Third, Genarlow did have other options available to him. The other young men who participated in the “party” took plea bargains and received lower sentences. At least one has already been paroled. Genarlow chose to go to trial, and was tried, convicted, and sentenced legally. At least 12 jurors and 1 judge agree on that fact. If Genarlow is a victim, he is a victim of his own poor choices and refusal to accept responsibility for his actions. It is unacceptable and illegal to participate in a sex act with a 15-year-old girl. He broke the law. He needs to acknowledge that. Note that what he did is still a misdemeanor, and would still entail jail time today. It is still illegal in Georgia to participate in a sex act with a 15-year old girl. The legislature had the power to make the law change apply retroactively, and chose not to. They did so knowingly. The prosecutor performed his duties legally and ethically, and the attorney general is doing the same thing. No judge has the authority to substitute his or her judgment in the place of the trial court. If we choose to disregard the rule of law, then it can no longer protect us. Imagine what would happen if every judge decided that his or her judgment should be taken in place of another’s. The result would be chaos. Genarlow’s case will be heard in front of Georgia’s Supreme Court in October. We’ll have to wait until then to see whether his sentence will be modified.

]]> By: Edward http://www.bloggernews.net/17661#comment-40917 Edward Sat, 16 Jun 2007 03:48:09 +0000 http://www.bloggernews.net/17661#comment-40917 why isn't it retroactive? all the other sex offender laws are? oh I forgot The Pope likes it that way~! why isn’t it retroactive? all the other sex offender laws are?
oh I forgot The Pope likes it that way~!

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