Humphrey v. Cady

PETITIONER: Humphrey
RESPONDENT: Cady
LOCATION: McDonnell Douglas Corporation Factory

DOCKET NO.: 70-5004
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Seventh Circuit

CITATION: 405 US 504 (1972)
ARGUED: Dec 07, 1971
DECIDED: Mar 22, 1972

ADVOCATES:
George L. Frederick - for respondent
Irvin B. Charne - for petitioner

Facts of the case

Question

Media for Humphrey v. Cady

Audio Transcription for Oral Argument - December 07, 1971 in Humphrey v. Cady

Warren E. Burger:

We will hear arguments next in Humphrey against Cady 5004.

Mr. Charne, you may proceed whenever you are ready.

Irvin B. Charne:

Mr. Chief Justice and may it please the Court.

This is a writ of certiorari to the United States Court of Appeals for the Seventh Circuit.

And I represent the petitioner Donald Yogurt Humphrey who presented as the Court knows his hand written petition to this Court without the benefit of counsel.

Mr. Humphrey’s case, commenced -- started back in May of 1967.

On May 30 of 1967, he was arrested in the state of Wisconsin Waukesha County which is a county adjacent to Milwaukee County and charged with the offense of contributing to the delinquency of a child.

This is a misdemeanor in the State of Wisconsin caring a maximum penalty of one year.

We do not have the record, Your Honor of that initial proceeding here.

However, in his petition to this Court for writ of certiorari Mr. Humphrey said, he was sitting in a car and drinking beer with the boy who was almost 14 years, he was 13 at that time.

And this is--, I think over in Wisconsin, a very frequent type of case that contributing to the delinquency of a minor.

It is against the law for a minor to drink beer and if an adult gives him an alcoholic beverage, you are then contributing to delinquency of a minor.

So that is apparently the offense for which he was arrested.

May 30, 1967, the next day, May 31, 1967 he was in Court.

He pleaded guilty to the offense and the Court under the Wisconsin Sex Crimes Act committed him for a pre-sentence examination.

(Inaudible) that the conviction was not for --

Irvin B. Charne:

No, Your Honor.

It was for contributing to the delinquency of the child.

Now then, we --.

Pardon me, yes sir.

Probably, you mean that the Wisconsin need know it is not a factual offense?

Irvin B. Charne:

Well, Your Honor, I will explain what the Wisconsin Sex Crimes Act covers.

In Wisconsin under our Sex Crimes Act, there are two categories of Sex Crimes.

One category is that which calls for a mandatory sentence under the Sex Crimes Act and that includes the offenses of rape, attempted rape, sexual intercourse without consent and indecent liberties with a child.

If you are convicted of those, you automatically go in the system.

However, the Wisconsin statute provides that any other offense except homicide or attempted homicide can also be a Sex Crime, it is a Sex Crime, if the Court finds that the defendant was probably, directly motivated by a desire for sexual excitement in the commission of the crime, if the Court finds --

This could be shop lifting or arson or --

Irvin B. Charne:

Yes, Your Honor or sneaking in to an X-rated movie.

If the Court finds that the defendant was probably, directly motivated by a desire for sexual excitement in the commission of the crime, this becomes a Sex Crime in the State of Wisconsin.

Thurgood Marshall:

What kind of evidence does the Judge takes to make that defense?