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District Court Finds 30 Year Mandatory Minimum in AWA Unconstitutional

By Corey Rayburnyung

It is very rare to see the 8th Amendment applied in favor of the defendant in non-death case. However, Judge Beverly Martin, of the Northern District of Georgia, in U.S. v. Farley , did just that. The Court held that:... a 30-year mandatory minimum sentence for Mr. Farley, under the specific facts of his case, is so grossly disproportionate to his crime as to constitute cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution.... [T]he court finds it relevant that Mr. Farley committed no sexual act with a child, and that he was a first time offender with no evidence in the record that he is anything other than a low risk for repeating his crime. While Mr. Farley?s crime is deplorable, it is far less grave than crimes committed by perpetual offenders that remain a demonstrated threat to the public, or crimes that result in loss of or emotional devastation to a person?s life...continue to full post

Full post as published by Sex Crimes on September 17, 2008 (boomark / email).