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Crumbs From The Master's Table: The Supreme Court, Pro Se Defendants And The Federal Guilty Plea Process, Julian A. Cook
Crumbs From The Master's Table: The Supreme Court, Pro Se Defendants And The Federal Guilty Plea Process, Julian A. Cook
Scholarly Works
This Article will commence with a review of the rather significant evolution of Rule 11, including a review of several pertinent Supreme Court decisions that have helped shape its current structure. Thereafter, the predominant judicial methodology for conducting Rule 11 hearings will be discussed. Specifically, this Article will take a brief but critical look at, inter alia, the examination techniques employed by the judiciary when conducting Rule 11 hearings, and conclude that the process typically employed inadequately assesses whether a defendant's guilty plea was entered into knowingly and voluntarily. Next, this Article will discuss two very recent Supreme Court decisions--United …
Habeas Corpus And Baseball, Donald E. Wilkes Jr.
Habeas Corpus And Baseball, Donald E. Wilkes Jr.
Scholarly Works
In the late 19th and early 20th centuries playing baseball on Sundays was a criminal offense in many states, where police often aggressively intervened to prevent or stop baseball games from being played on the Sabbath. In 1894, “the police of the city of Brooklyn took it upon themselves to chase, club and lock up all boys and men found playing ball on Sunday,” People ex rel. Poole v. Hesterberg, 43 Misc. 510, 89 N.Y.S. 498, 499 (N.Y. Sup. Ct. Kings County 1904); on two consecutive Sundays in July 1910, two professional baseball teams attempting to play in Chemung County, …
Role Of The World Bank And Imf In Issuing Loans To Russia: Responsibility, Tricks, Corruption, Mafia, And Important Use Of Legal Enforcement, Elmira A. Makova
Role Of The World Bank And Imf In Issuing Loans To Russia: Responsibility, Tricks, Corruption, Mafia, And Important Use Of Legal Enforcement, Elmira A. Makova
LLM Theses and Essays
The World Bank and the IMF are among the most important international organizations globally promoting economic stability, growth, free trade, and poverty reduction by financing a widevariety of projects. The policies governing their activities have universal impact. The purpose of this study is to unfold flaws and failures of the multilateral institutions' activities toward financing Russia during a transitional period, leading to dangerous worldwide corruption, money laundering, fraud, and misuse of international funds by the Russian Government. The result of such misuse was increased poverty in Russia, lost belief in the fairness of Governmentalinstitutions, the rule of law and justice, …
Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon
Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon
Scholarly Works
This Article proceeds in four parts. Part II is a brief overview of harmless-error doctrine in the context of habeas challenges to state criminal convictions, focusing on the nature of the inquiry and the doctrinal deadlock described above. Part III is an empirical analysis of the post-Brecht cases in the federal courts of appeals. To search for a way out of the doctrinal deadlock, I started with a relatively straightforward question: what has happened to harmless-error analysis since Brecht? To answer this question, I reviewed and, with the help of a research assistant, coded all of the 315 …
Dramatic Moments In The Pursuit Of Justice, Ronald L. Carlson
Dramatic Moments In The Pursuit Of Justice, Ronald L. Carlson
Presentations and Speeches
Callaway Chair of Law Emeritus Ronald L. Carlson talks about significant turning points in several high profile cases at the University of Georgia's annual Founders' Day Lecture.
Protection Of Children From Exploitation In West Africa: Illusion Or Reality?, Afua Brown-Eyeson
Protection Of Children From Exploitation In West Africa: Illusion Or Reality?, Afua Brown-Eyeson
LLM Theses and Essays
This thesis analyses the implementation of the main international and regional conventions, which guarantees the protection of children s rights and their effectiveness in combating the issue of child trafficking in West Africa. This paper examines both internal and external child trafficking and some of the causes of this menace. The thesis argues that the international and regional conventions, regardless of their efforts to protect the rights of the children, have failed to achieve their purpose especially in the subregion. In summary, this paper concludes that unless the issue of poverty, which is the underlying factor in the exploitation of …
Cybercrime, Karissa Ayala
Cybercrime, Karissa Ayala
LLM Theses and Essays
As the new information age develops and grows in all areas of communication technologies, it imposes new challenges to the legal system in protecting individuals and companies. These new challenges are the result of the Internet increase in scope and complexity. While society is receiving great benefits from the Internet, they are also confronting a new type of crime, cyber crime. Cyber crime includes a wide variety of illegal acts committed using the computer, and because of the continuous technology developments is impossible to create an exhaustive list of all actions considered a cyber crime. In order to facilitate the …
Technological Advances Leading To The Diminishing Of Privacy Rights, Anabelle Maria D'Souza
Technological Advances Leading To The Diminishing Of Privacy Rights, Anabelle Maria D'Souza
LLM Theses and Essays
The Purpose of this thesis is to bring about the awareness of the importance of privacy in our lives. Privacy is an essential element of a free society without which individuals would lose the ability to interact with one another in private. With the advancement in police surveillance technology there is a clash between an individuals right to keep a secret and the State’s power to penetrate that secret. State of the art technologies such as the financial crimes enforcement network, wearable computing and surveillance cameras are some of the latest devices invading privacy. These technological advances have become so …
The Writ Of Habeas Corpus, Donald E. Wilkes Jr.
The Writ Of Habeas Corpus, Donald E. Wilkes Jr.
Scholarly Works
A fundamental legal safeguard of freedom and the most important English common law writ, the writ of habeas corpus is a court order commanding that an imprisoned person be personally produced in court and that an explanation be provided as to why that person is detained. The writ of habeas corpus provides a judicial remedy for enforcing a fundamental individual right, the right to personal liberty, which may be defined as the right to be free of physical restraint that is not justified by law. Whenever imprisonment violates a constitutional or fundamental right, there is an infringement of the right …
The Georgia Death Penalty Habeas Corpus Reform Act Of 1995, Donald E. Wilkes Jr.
The Georgia Death Penalty Habeas Corpus Reform Act Of 1995, Donald E. Wilkes Jr.
Scholarly Works
On April 10, 1995, Gov. Zell Miller signed into law Georgia's Death Penalty Habeas Corpus Reform Act of 1995. The Act is premised upon the following findings and determinations of the General Assembly: that through direct appeal, sentence review, and habeas corpus the state now provides persons sentenced to death "adequate opportunities" to assert their constitutional rights; that habeas corpus proceedings should not be used by persons sentenced to death "solely as a delaying tactic under the guise of asserting rights;" and that "strict compliance" with habeas corpus procedures "will prevent the waste of limited resources and will eliminate unnecessary …
Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr.
Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr.
Scholarly Works
Part II of this Article will highlight the grounds for relief from a conviction or sentence that were available to a Georgia prisoner prior to 1967 and the procedural obstacles to relief that existed. Part III will explore the grounds for relief currently available, and Part IV will examine the procedural obstacles to postconviction relief that remain. Part V will briefly summarize the availability of postconfiction relief in federal court to determine whether the 1967 Act has in fact eliminated the friction between the state courts and the federal courts.
"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.
"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.
Scholarly Works
This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.
Book Review: A Treatise On International Criminal Law (1973), Samuel M. Davis
Book Review: A Treatise On International Criminal Law (1973), Samuel M. Davis
Scholarly Works
Book review of A TREATISE ON INTERNATIONAL CRIMINAL LAW, by M. Cherif Bassiouni and Ved P. Nanda, eds. (Springfield, IL: Charles C. Thomas, 1973).
Book Review: Jails (1975), Emily Calhoun Carssow
Book Review: Jails (1975), Emily Calhoun Carssow
Scholarly Works
Book review of JAILS, by Ronald Goldfarb (Garden City: Anchor Press/Doubleday, 1975).
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.
Scholarly Works
In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.
"Criminal Records"--A Comparative Approach, Sigmund A. Cohn
"Criminal Records"--A Comparative Approach, Sigmund A. Cohn
Scholarly Works
There is in the United States a need to balance the interest of the public in the apprehension and conviction of criminals with that of individuals arrested but not convicted of any wrongdoing. As has been shown, some of the leading civil law countries have approached this goal in two ways: first, by not requiring an arrest in a great number of criminal cases and thus not furthering in the mind of the public the idea that arrest and criminal wrongdoing are identical, and second, by confining entries in criminal records, at least on principle, to final convictions of criminal …
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.
Scholarly Works
Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …
Book Review: Correctional Institutions (1972), Donald E. Wilkes Jr.
Book Review: Correctional Institutions (1972), Donald E. Wilkes Jr.
Scholarly Works
Book review of CORRECTIONAL INSTITUTIONS, edited by Robert M. Carter, Daniel Glaser, and Leslie T. Wilkins (Philadelphia: J.B. Lippincott Co., 1972)
Warrantless Searches And Seizures, Mack Allen Player
Warrantless Searches And Seizures, Mack Allen Player
Scholarly Works
The fourth amendment to the Constitution has two basic clauses. The first, the reasonableness clause, protects the people against unreasonable searches and seizures. The second, the warrant clause, sets forth conditions under which a warrant may issue. Searches and seizures made pursuant to a warrant are, quite obviously, governed by the commands of the warrant clause. However, the effect of the warrant clause upon searches and seizures made without warrants is not clear from the amendment itself, and the Supreme Court has failed to develop a consistent interpretation of the proper role of that clause.
The Supreme Court, The Individual And The Criminal Process, E. Hunter Taylor Jr.
The Supreme Court, The Individual And The Criminal Process, E. Hunter Taylor Jr.
Scholarly Works
The sweeping social changes presently occurring in this country are having important effects on the law. The impact of this philosophical revolution upon th elaw is manifesting itself most directly and vividly in the Supreme Court of the United States where the entire concept of "individual liberty and freedom" is undergoing far-reaching change. One of the most important changes is occurring in the development of constitutional rules of criminal procedure, particularly those applicable to the states through the fourteenth amendment. Most of the particular longstanding announced aims of the Court, e.g., protection against the conviction of the innocent and prevention …