Wrongly Convicted Database Record

 

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Billy Jenkins

 

Charge:

Obsenity Related Charge

Sentence:

1 year probation and $750 fine

Years Imprisoned:

Year Crime:

1972

Year Convicted:

1973

Year Cleared:

1974

U.S. State or Country of Crime:

Georgia

County or Region of Crime:

Dougherty

City of Crime:

Albany

Result:

Judicially Exonerated

Summary of Case:

"Billy Jenkins was the manager of a theater in Albany, Georgia wrongly convicted on July 2, 1973 of distributing obscene material for showing the critically acclaimed film "Carnal Knowledge" on January 13, 1972. The film explored social conceptions of sexuality and starred Jack Nicholson and Ann Margaret. After Jenkins conviction by a jury he was sentenced to 12 months probation and fined $750. After the Georgia Supreme Court affirmed his conviction he filed a federal habeas petition. On June 24, 1974 the U.S. Supreme Court overturned Jenkins' conviction in ruling, "We conclude here that the film "Carnal Knowledge" is not obscene under the constitutional standards announced in Miller v. California, 413 U. S. 15 (1973), and that the First and Fourteenth Amendments therefore require that the judgment of the Supreme Court of Georgia affirming appellant's conviction be reversed." 'Jenkins v. Georgia, 418 U.S. 153 (1974)"

Conviction Caused By:

Trial court judge didn't instruct the jury on the proper standard of what constitute obscenity under the U.S. Constitution.

Innocence Proved By:

"On June 24, 1974 the U.S. Supreme Court overturned Jenkins' conviction in ruling, "We conclude here that the film "Carnal Knowledge" is not obscene under the constitutional standards announced in Miller v. California, 413 U. S. 15 (1973), and that the First and Fourteenth Amendments therefore require that the judgment of the Supreme Court of Georgia affirming appellant's conviction be reversed." 'Jenkins v. Georgia, 418 U.S. 153 (1974)"

Defendant Aided By:

Trial judge erroneously failed to dismiss the charges because the film didn't constitute obscenity under the federal constitution.

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Jenkins v. Georgia, 418 U.S. 153 (1974) (Reversing conviction for distribution of film depicting nudity and in which sexual conduct was “understood to be taking place”)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=10639986226512069424&q=Jenkins+v.+Georgia,+418+U.S.+153,+161+%281974%29&hl=en&as_sdt=6,48"

Information Source 2:

"Jenkins v. State, 230 Ga. 726, 199 SE 2d 183 (Ga: Sup. Ct. 1973)"

Information Location 2:

"http://scholar.google.com/scholar_case?case=9426176068094689773&q=jenkins+1972+Carnal+Knowledge&hl=en&as_sdt=6,48"

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Book About Case:

Book Information:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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