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City of Junction City v. Griffin

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eBook details

  • Title: City of Junction City v. Griffin
  • Author : Supreme Court of Kansas
  • Release Date : January 01, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

The opinion of the court was delivered by On rehearing our prior opinion in City of Junction City v. Griffin, 226 Kan. 516, 601 P.2d 684 (1979), is withdrawn and the following opinion is substituted therefor. Janice Marie Griffin was found guilty by a jury of solicitation for prostitution in violation of a city ordinance of Junction City, 12-509(a). It was apparently her misfortune to have solicited an off-duty policeman. She was sentenced under City Ordinance 12-509(b) to a mandatory 30 days in jail with no probation. She appealed, claiming the ordinance under which she was sentenced was constitutionally impermissible on three grounds: First, the ordinance violated the United States Constitution; second, the ordinance infringed the separation of powers doctrine, in that the ordinance passed by the city attempts to take over the judicial power of determining the extent of punishment; and third, the penalty consisting of a 30-day mandatory jail sentence is so disproportionate to the crime that it shocks the conscience and offends fundamental notions of human dignity.


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