The Black Commentator - Unjust and Undeserved

Four years ago, almost to the date, with the world’s eye focused on the city of Atlanta and the State of Georgia, I stood with scores of people on the steps of the Georgia State Capital in Defense of Marcus Dixon, in opposition to mandatory minimum sentencing. There, on March 1st, we passionately pleaded with the Justices on the Georgia Supreme Court to overturn Dixon’s Mandatory sentence of (10) years in prison. Shortly thereafter the Supreme Court reversed Dixon’s sentence, allowing him to go free, against the wishes of many, including the state legislature’s power structure. Here we find ourselves again in a likewise situation with Genarlow Wilson, again with the eyes of the world focused on the State of Georgia and its criminal justice system. As I continue to maintain as I did then, the orders of the day and moral issue at hand is unjust treatment in the administration of laws that are affecting countless lives everyday. The application of mandatory minimum sentencing, nationwide, gives no discretion to the judge nor jury, and only takes away freedom; I think it is intentionally done.

The prosecutor in both cases, I suggest, distorted the intent of a particular law and adopted a hands down attitude with no conscience. This and numerous other mandatory minimum sentencing laws continue to be proven discriminatory and unjust to people of color and are unacceptable. Although the Georgia State Legislature decided last year that such offenses be punishable by a maximum of one year, I am pleased that Sen. Emanuel Jones (D-Decatur) has taken the initiative to introduce legislation that would allow judges to change or suspend sentences for such crimes!

Like Dixon, Genarlow Wilson had "consensual" sex with a underage female. Just like Dixon, both seem to have promising futures beyond high school, only to be destroy by a lapse of judgment and clouded by a criminal justice system that has a history of systemic abuse of civil laws. Both incidents, without a doubt were wrong, and I am sure both regret their actions, however, with an abundance of caution I further suggest that there are two much larger ethical and institutional issues that have nothing to do with Marcus Dixon nor Genarlow Wilson.

There is first, a responsibility to address the moral and ethical intricacies that never seem to gain any attention. Morally and ethically, such behavior, in my opinion, continues to be perpetuated by a culture of acceptance. I have heard nothing yet said about the problem of teenage promiscuity in a general sense. Rhetorically, were either of the two girls present cited for underage alcohol consumption or illegal drug use? Granted, in an atmosphere such as Douglas County, Georgia, Wilson should have known better. I am certain that the prosecutor was sitting by, just waiting for the opportunity to prosecute such a case. I liken it to placing a “fox in charge of a hen house.”

The second issue I lift up is that of the criminal justice system in general, and its inconsistency and the socio-economic disparaging of people of color and minorities in the application and enforcement of laws. With my opposition of Mandatory Minimums, moral principles and the administration of laws are separate in and of themselves. As in the Dixon case, the punishment far exceeded the crime and with the help of State Sen. Jones, I am certain that justice and equality will prevail, and Genarlow Wilson, as did Marcus Dixon, will return to society as a productive citizen.

Rev. Douglas Demetrius Prather, a native of Atlanta, Georgia is a noted civil and social justice activist. From 1999-2005, Prather Served with distinction on the NAACP's National Board of Directors and Chaired the NAACP National Youth Work Committee. Contact Rev. Prather via email: [email protected].