Georgia criminal lawyer successful in convincing state supreme court to strike down part of sex offender law
The Georgia Supreme Court recently declared a life sentence for failing to register as a sex offender unconstitutional. In that case, the Court had to decide whether a life sentence for a second violation of failing to register as a sex offender was excessive punishment and violated the constitution. The Court held that it did.
In Bradshaw v. State, the defendant, Bradshaw, was convicted twice of failing to register as a convicted sex offender within 72 hours of changing his address. The trial court sentenced Bradshaw to life imprisonment as required by Georgia law requires. Bradshaw was originally convicted of statutory rape for which he was required to register as a sex offender. Upon his release from jail for that crime, he made two attempts to register his address at two different residencies, but both addresses were rejected by the sheriff’s department since they were located too close to a recreation center and a church. Bradshaw then attempted to register at a third address which did not exist, although it was close to a family friend where he hoped to live. An investigator made contact with his sister concerning Bradshaw’s failure to register, and within 24 hours, Bradshaw turned himself in to authorities.
Bradshaw appealed the sentence arguing that it was cruel and unusual under the Eighth Amendment. Thus, the Court had to consider whether the harshness of the sentence was grossly disproportionate to the gravity of the offense. In examining the gravity of the crime, the Court reasoned that failing to register does no violence to anyone but is instead a passive crime. In addition, Bradshaw made two attempts to register a valid address and was accessible to police. The Court then examined the harshness of the sentence. Only the penalties of capital punishment and life imprisonment without parole are more severe than life imprisonment. It is also the most severe sentence that can be issued for any crime except murder and repeat violent felonies. Based on this evidence, the Court felt that the issue of gross disproportionality was properly raised by Bradshaw.
The Court then confirmed their suspicion of an Eighth Amendment violation by comparing Bradshaw’s sentence to the sentences imposed for other crimes within Georgia as well as the same crime in other states. The Court found that the crimes in Georgia which require a mandatory life sentence are violent crimes such as murder and kidnapping with bodily injury, and that these crimes have a higher degree of culpability than the failure to register. Also, other violent crimes such as voluntary manslaughter and aggravated battery may receive as little as one year in prison. The Court then turned to other states where it found that only Georgia requires life imprisonment for a second violation of failing to register. Consequently, the court found the penalty of life imprisonment to be unconstitutional for failing to register and vacated Bradshaw’s sentence.
Our criminal lawyers have been helping people charged with sex crimes for many years. We have recently seen people charged with registration violations who are facing sentences more severe than sentences imposed for actual sex offenses like molestation and rape. We hope this strong statement from the Georgia Supreme Court will result in penalties that make more sense for this type of registration violation.
