Sunday, March 25, 2012

Skinner v. Oklahoma case brief

Skinner v. Oklahoma (1942)  Right to Procreate
Facts: OK has a Habitual Criminal Sterilization Act which says that if someone is a habitual criminal then they will be rendered sexually sterile. A habitual criminal is someone who has been convicted two + times for crimes “amounting to felonies involving moral turpitude”. Skinner convicted 2 times for robbery and once for stealing chickens.

SC said Sterilization Act unconstitutional. Court said that “sterilization of those who have thrice committed grand larceny, with immunity for those who are embezzlers, is a clear, pointed, unmistakable discrimination.”

Didn’t expressly overturn Buck, but did so by implication.

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