Christiern Posted January 22, 2004 Report Posted January 22, 2004 COMMENTARY Old South Lingers in a Legal Lynching By Marian Wright Edelman January 22, 2004There is a boy in Georgia who almost beat the odds. An African American born to a 15-year-old, drug-addicted mother and an absent father, Marcus Dixon nonetheless went on to become an honor student and all-state football star. His football skills, 3.96 grade point average and 1,200 score on his SAT won him a full scholarship to Vanderbilt University. Marcus, 19, was supposed to enter Vanderbilt last fall. Instead, he is serving a 10-year prison sentence with no chance of parole for having consensual sex when he was 18 years old with a white girl who was three months shy of 16. He is the only person in Georgia history this close in age to his victim to be convicted of "aggravated child molestation," a charge that was intended to protect children from predatory adults, not imprison teenagers for having sex with other teenagers. That such a promising young man could be sucked into the prison pipeline and become another African American statistic speaks volumes about blacks' vulnerability and about their disparate treatment in the justice system. From 1999 to 2000, there were 791,600 black men in jail or prison, compared with just 603,000 black men in higher education. And even though nearly 50 years have passed since Emmett Till was murdered in Mississippi for whistling at a white woman, Dixon's case raises eerie echoes of the old Southern obsession with miscegenation. Marcus was raised in Rome, Ga., by his partly disabled grandmother. With her blessing, a local white Little League coach, Ken Jones, and his wife, Peri, became Marcus' legal guardians when he was 11, and he became part of their family, which includes a teenage son and daughter. Marcus did not drink, smoke, use drugs or get in trouble. He sang in the high school chorus and worked and volunteered at the YMCA. Universities came calling; two boxes full of recruiting letters still rest beside his bed at home. Then, in February 2003, Marcus had sex with a girl who was almost 16, a virgin. Two days later, she accused him of rape. Investigators didn't give either of them a lie detector test or look for the condom Marcus said he used and threw away. "I didn't believe him," the investigator explained. But the charge didn't stand up. In May, a jury of nine whites and three blacks took just 20 minutes to acquit Marcus of rape. There was no forced sex, they concluded. They then were obliged to consider a lesser charge of "aggravated child molestation" — a charge that was applicable even if the sex was consensual. This statute had never before been used to prosecute consensual sex between teens with less than a three-year age difference, and a majority of states have passed "Romeo and Juliet" statutes — which deal with teen sex when both partners are close in age — for exactly these types of cases. Later, several jurors said they thought the charge was minor and were shocked when the judge announced the mandatory 10-year sentence. The case has been appealed to the Georgia Supreme Court, and arguments were heard Wednesday. Marcus has already missed his high school graduation and lost his scholarship. If the conviction is not overturned, you can almost hear the death knell ringing for this young man's future. Once out of prison, he would have a felony record and be required to register as a sex offender wherever he lives, effectively killing his aspiration to be a teacher and coach. The racism and disparate treatment that underlie this case are widespread. In 1997, although they made up only 34% of U.S. teens, minorities represented 67% of youths in detention. For those charged with violent offenses, blacks are jailed nine times more often than whites. Marcus' case brings back memories of all the black men who were lynched, executed or imprisoned for having relationships with white women, and it recalls the way black males are perceived to this day. Almost 50 years may have passed since Emmett Till was lynched, but the unjust treatment of African American males goes on. No example could be more egregious or heartbreaking than that of Marcus Dixon. Marian Wright Edelman is president and founder of the Children's Defense Fund. Quote
Jazzmoose Posted January 22, 2004 Report Posted January 22, 2004 I certainly hope those who believe we now have a level playing field read this one, Chris... Quote
maren Posted January 22, 2004 Report Posted January 22, 2004 I certainly hope something good comes of Marcus Dixon's appeal: from USA Today 1/21/04 Court hears athlete's sex charge appeal ATLANTA (AP) — Attorneys for a high school football player convicted of having consensual sex with a fellow student told the Georgia Supreme Court on Wednesday that the teen's automatic 10-year sentence amounted to cruel and unusual punishment. Prosecutors insisted the mandatory prison term was exactly what state law intended for Marcus Dixon, who was convicted of aggravated child molestation and statutory rape. Dixon was 18 at the time; the girl was 15. Defense attorney David Balser said Dixon's sentence "so deviates from society's view of sexual conduct that it shocks the conscience." Unless the court overturns the case, any teenager who has sex could potentially face prison time, he said. Prosecutor John McClellan defended Georgia law, which classifies Dixon's crime as one of the state's "seven deadly sins" that come with a minimum decade-long sentence. "It is the job of the Legislature and not the courts to define crimes and their penalties," McClellan said. The high court issued no immediate decision but was expected to rule in the next few months. At the time of his arrest, Dixon was a senior football player with a 3.96 grade-point average and a scholarship to attend Vanderbilt University. Dixon's scholarship was later rescinded. Dixon was enrolled in a home-economics class with the 15-year-old girl. He said he arranged to visit her in a trailer containing classrooms, where she was working as a student custodian. She told school counselors about the incident, and they contacted police. Dozens of people packed the courtroom to hear Dixon's case, which has become controversial because he is black and the girl is white. Protesters have said Dixon would not have received such a long sentence if not for his race. Having recently served on a grand jury, I don't understand why the jurors in this case weren't informed of the "felony level" of this child molestation charge. Here in New York, for example, you're told whether it's a Class A (worst) through E (lightest) felony, or a misdemeanor. The New York state penal code is VERY precise in differentiating levels of "penile" (and other sexual) violations, depending on whether the victim is under 17, under 14, under 13, under 11 -- and what the age differential is between the defendant and victim. In New York, if the perpetrator is less than 21 years of age and the victim is under 17 years (but 14 or older) and the contact was consensual, this is a sexual misconduct offense, a Class A Misdemeanor, which carries a maximum sentence of 1 year (Class B and 3 months if there is less than 5 years age difference between the kids). Quote
Christiern Posted January 22, 2004 Author Report Posted January 22, 2004 Here's an informative link pertaining to this. Quote
connoisseur series500 Posted January 22, 2004 Report Posted January 22, 2004 This is a sad story. Thanks for bringing it up, Chris. Glad the Press is getting involved. I'm sure that there's more to it all as I don't have much confidence in media analysis, but the kid was only 18 years old. This is sad; and I don't think he should have been imprisoned at all. Maybe a probation would have served. Seems like he has/had a promising career ahead. I am outraged like others who have posted here, but I wouldn't necessarily agree with Moose's sweeping statement that this is proof of some kind of overwhelming racism in this country. This is an example of racism, but it doesn't necessarily prove anything beyond that. That's my two cents, anyway. Quote
Larry Kart Posted January 22, 2004 Report Posted January 22, 2004 FWIW (I think it's just a ghastly irony) if I understood last night's NBC Evening News story on this case correctly, the Georgia legislator who was the driving force behind the aggravated child molestation law under which Dixon was sentenced is black. Quote
connoisseur series500 Posted January 22, 2004 Report Posted January 22, 2004 FWIW (I think it's just a ghastly irony) if I understood last night's NBC Evening News story on this case correctly, the Georgia legislator who was the driving force behind the aggravated child molestation law under which Dixon was sentenced is black. Hmm, certainly complicates things. Must be more to this than meets the eye. Quote
jazzypaul Posted January 22, 2004 Report Posted January 22, 2004 Just because the guy that was the driving force behind this law is black still doesn't mean that this was what he had in mind for the law. This is completely ridiculous. And it should serve notice to kids white and black alike...keep your pants zipped up. Less trouble that way. Quote
Larry Kart Posted January 23, 2004 Report Posted January 23, 2004 The legislator did say that the results of this case were not what he had in mind for the law, but that's why such moral grandstanding, mandatory sentence laws are not a good idea. Quote
Jazzmoose Posted January 23, 2004 Report Posted January 23, 2004 I agree, Larry. I'm very skeptical when it comes to mandatory sentencing. This ongoing rush in this country to try juveniles as adults bothers me as well. Quote
JSngry Posted January 23, 2004 Report Posted January 23, 2004 And it should serve notice to kids white and black alike...keep your pants zipped up. Less trouble that way. Depends on who does the laundry... Quote
Alec Posted January 23, 2004 Report Posted January 23, 2004 Gosh, 10 years for consensual sex and only 100 days (but after 30 days you get to leave jail for up to 10 hrs a day for "community service") for speeding, running a stop sign and killing someone! (Bill Janklow former South Dakota governor and congressman oh, he's white!) "Is this a great country or what?" Quote
connoisseur series500 Posted January 23, 2004 Report Posted January 23, 2004 This ongoing rush in this country to try juveniles as adults bothers me as well. Now this is something that bugs me as well. Quote
JSngry Posted January 23, 2004 Report Posted January 23, 2004 Just remember, voting with your pocketbook is like... Quote
Jazzmoose Posted January 23, 2004 Report Posted January 23, 2004 Just remember, voting with your pocketbook is like... "baking in the syrup?" Wait; that's not it... Quote
connoisseur series500 Posted January 23, 2004 Report Posted January 23, 2004 Just remember, voting with your pocketbook is like... "baking in the syrup?" Wait; that's not it... No, Moose, I think it was: ...like sticking your dick into a woodchopper? Quote
Big Al Posted January 23, 2004 Report Posted January 23, 2004 What worries me is that if Dixon is (hopefully) acquitted, and is able to go free, then he may then become the victim of a real lynching, courtesy of the girl's father. Like in To Kill a Mockingbird. This is frustrating. Quote
JSngry Posted January 23, 2004 Report Posted January 23, 2004 Just remember, voting with your pocketbook is like... "baking in the syrup?" Wait; that's not it... No, Moose, I think it was: ...like sticking your dick into a woodchopper? No, THAT would be partying with the Woody Herman band on a REALLY bad night... Shouldn't be joking on this thread, though. This really IS some fucked-up shit. Quote
Rooster_Ties Posted January 23, 2004 Report Posted January 23, 2004 Gosh, 10 years for consensual sex and only 100 days (but after 30 days you get to leave jail for up to 10 hrs a day for "community service") for speeding, running a stop sign and killing someone! (Bill Janklow former South Dakota governor and congressman oh, he's white!) "Is this a great country or what?" My wife said the exact same thing. 100 days for killing someone, and 10 years for consensual sex. WTF??? Quote
PHILLYQ Posted January 23, 2004 Report Posted January 23, 2004 Dixon has already had his scholarship offer revoked and he's in jail right now- that's really sick! To get ten years for consensual sex with another teenager! It does also point out the problems inherent in mandatory sentencing- not all 'crimes' are exactly the same, and justice must sometimes be tempered with mercy. With mandatory sentencing, all actions are tarred with the same brush and the judges have no discretion. This is another example of the law of unintended consequences. Crack down on crime and we wind up jailing kids for sex... Quote
Rooster_Ties Posted May 4, 2004 Report Posted May 4, 2004 (edited) ***UPDATE*** from CNN.com Georgia high court overturns teen's sentence for having sex with minor Monday, May 3, 2004 Posted: 12:08 PM EDT (1608 GMT) ATLANTA, Georgia (AP) -- A teenager's 10-year prison sentence for having sex with a younger schoolmate was thrown out Monday by the Georgia Supreme Court. The state's highest court ruled 18-year-old Marcus Dixon should have been prosecuted just on the lesser charge of misdemeanor statutory rape rather than aggravated child molestation for having sex with a 15-year-old in February 2003. Dixon, who is black, has claimed he was targeted because he is black and had sex with a white girl. His case drew protests from the NAACP. Dixon was acquitted on felony rape charges but found guilty of aggravated child molestation, which comes with a mandatory decade-long sentence, as well as statutory rape. Monday's ruling lets the statutory rape conviction, which carries a maximum sentence of one year and a $1,000 fine, stand. It was unclear how soon Dixon could be released from prison because he's been in jail since last May, meaning he may already have served enough time for his misdemeanor sentence, said Heather Hedrick, spokeswoman for the state parole board. Dixon's case had led some lawmakers to push for change in the state's mandatory sentencing law, and members of the state House black caucus broke into applause Monday when the court's ruling was announced. "What a joy it is in our state to see justice for a young man," said state Rep. Alisha Thomas-Morgan. In its 4-3 decision, the Georgia Supreme Court didn't rule on whether the 10-year sentence was cruel and unusual. It said only that Dixon shouldn't have been tried for aggravated child molestation because the statutory rape law would be more relevant. "It would be entirely incongruous with the intent of the Legislature ... if the state retained the discretion to prosecute the exact same conduct as either misdemeanor statutory rape or felony child molestation," wrote Chief Justice Norman Fletcher. "Clearly, when, as here, the sexual act involves injury to the victim, the General Assembly intended that the aggravated child molestation statute apply," wrote Justice Harris Hines. Dixon, an honor student and star football player at Pepperell High School in Rome, was accused of having sex with the 15-year-old student at a trailer after school. The defense argued the sex between the two teens was consensual and had been planned. Prosecutors argued Dixon forced himself on his victim, causing vaginal bruising and tearing. The girl testified that she tried to escape from the trailer, where she was working as an assistant custodian, but did not scream or shout for help. "I was too scared. I was afraid he'd hit me or something," she said. Dixon, a senior, had been granted a scholarship to attend Vanderbilt University in Nashville, Tennessee. It was revoked after his arrest. Edited May 4, 2004 by Rooster_Ties Quote
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