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Constitutional Law Keyed to Maggs
Skinner v. State of Oklahoma
Citation:
316 U.S. 535 (1942)Facts
The Oklahoma Habitual Criminal Sterilization Act defines an “habitual criminal” as a person who, having been convicted for two or more times for crimes amounting to felonies involving moral turpitude is thereafter convicted of such a felony in Oklahoma and is sentenced to a term of imprisonment in an Oklahoma penal institution. Machinery is provided for the institution by the Attorney General of a proceeding against such a person in the Oklahoma courts for a judgment that such person shall be rendered sexually sterile. After providing notice and an opportunity to be heard, the court shall make judgment that said defendant be rendered sexually sterile. Between, 1926 and 1934, petitioner was convicted once of stealing chickens and twice of robbery with fire arms. In 1936, the Attorney General instituted proceedings against him, and the Oklahoma Supreme Court affirmed a judgment directing the petitioner be sterilized.
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