Quote:
|
Originally Posted by (Zach)
Maybe if he avoids unloading in her mouth they could take the "aggravated" part out?
|
I'm certain this sentance will be appealed. In fact, I'm sure there will be plenty of defense lawyers who will volunteer their efforts to challenge this law on constitutional grounds. I would be very surprised if there weren't some liberal law professor at the Univ of Georgia that is putting together a student team to challenge it. I bet this is going to the US supreme court.
Unfortunately, mandatory sentancing has held up against challenge in most states. But here, the distinction between oral sex vs. regular intercourse seems irrational. The natural ground to challenge this law is as "cruel and unusual punishment" (on the basis that the magnitude of the crime doesn't match the sentance, but this theory hasn't worked well in previous mandatory sentancing cases) or under the due process clause because it is an "abitrary and capricious" distinction between regular intercourse between minors and agg. sexual assault.
The problem is, the trial judge doesn't have the power or the authority to dismiss the case on these grounds. The party I really blame is the prosecutor's office. The prosecutor has "prosecutorial discretion" to file charges and frankly, I find it unbelievable that the prosecutor chose to pursue this action. When the judge is making these statements, the judge is likely not very happy with either the legislature OR the prosecutor. This is judge-speak for "you are MORONS!".
The legislature CHANGED the law...cited this case as one reason, then expressly said that the change in the law shouldn't apply to already adjudicated cases.
OK....the way out here is for the governor to issue a pardon. If you guys want to do something...we should all e mail the governor of georgia.