Court strikes down life sentence for sex offender

The Georgia Supreme Court on Tuesday struck down another provision of the state's tough sex-offender law, calling mandatory life sentences for offenders who fail to register a second time "grossly disproportionate" punishment. In a 6-1 decision, written by Justice Robert Benham, the court said the life sentence imposed upon 26-year-old Cedric Bradshaw of Statesboro violates the Eighth Amendment's guarantee against cruel and unusual punishment. "We conclude the imposition of a sentence of life imprisonment is so harsh in comparison to the crime for which it was imposed that it is unconstitutional," Benham wrote.

Georgia's sex-offender law has been under legal attack on a number of fronts. It requires offenders to register their addresses within 72 hours after release and makes it a crime for them to live within 1,000 feet of places children congregate. On Tuesday, the court ordered Bradshaw, who tried repeatedly to find a place to live without breaking the law, to be re-sentenced. [...]

Bradshaw, who has a prior conviction of enticing a child for indecent purposes, pleaded guilty in 2001 to statutory rape for having sex with a 15-year-old girl. He received five years in prison.

source: Article 'Court strikes down life sentence for sex offender' by Bill Rankin; www.ajc.com/metro/content/metro/stories/2008/11/25/georgia_sex_offender.html; ajc.com; 25 November 2008