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Week 4 Group Discussion 1

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Q Respond to each question. Each question should be answered in a minimum of one paragraph (single spaced). Read Humphrey v. Wilson, 652 S.E.2d 501 (Ga. 2007). Opinion by: Sears, J. located on CANVAS under Modules, then the Student Resources tab, then click Additional "You Decide" Cases to locate the case. You will only have access though CANVAS if you have the eBOOK. I have also attached it here for your convenience Lippman_Additional You Decide Cases.doc Download Lippman_Additional You Decide Cases.doc After reading the case, respond to the following questions: 1. What was Wilson’s original prison sentence? How was the law changed following his conviction? 2. Why did the Georgia Supreme Court rule that Wilson had been subjected to cruel and unusual punishment? 3. Explain how, following Wilson’s conviction, Georgia courts could hold that Wilson had not been subjected to cruel and unusual punishment, and then two years later reverse themselves and hold that Wilson’s punishment constituted cruel and unusual punishment. 4. How would you rule in Wilson?

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1. Wilson was found guilty of aggravated child molestation in February of 2005. Wilson recived consensual oral sex from a female aged 15 while he was the age of 17 years old. He was initially charged with ten years in prison with another year in probation and he would be required to register as a sex offender for the rest of his life. In the year following his conviction Georgia governor signed a bill into effect that created a subsection of the law regarding Wilson's criminal act, stating that if the victim is older than 13 but younger than 16 and the offender is 18 years or younger and there is less than a 4 year age gap between victim and offender, then the maximum sentence would be a misdemeanor child molestation.