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Full-Text Articles in Law
Suspicionless Policing, Julian A. Cook
Suspicionless Policing, Julian A. Cook
Scholarly Works
The tragic death of Elijah McClain—a twenty-three-year-old, slightly built, unarmed African American male who was walking home along a sidewalk when he was accosted by three Aurora, Colorado police officers—epitomizes the problems with policing that have become a prominent topic of national conversation. Embedded within far too many police organizations is a culture that promotes aggressive investigative behaviors and a disregard for individual liberties. Incentivized by a Supreme Court that has, over the course of several decades, empowered the police with expansive powers, law enforcement organizations have often tested—and crossed—the constitutional limits of their investigative authorities. And too often it …
Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe
Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe
Georgia Journal of International & Comparative Law
There is an ongoing debate over the legality and effectiveness of the use of judicial waiver as a tool to fight violent crimes, including those committed by children in the United States. Judicial waiver or transfer of juveniles is a process by which child offenders are transferred from the juvenile court to adult criminal courts to be tried and sentenced as adult offenders. Despite the implicit recognition of the constitutionality of this practice by the United States Supreme Court, this paper contends that the transfer of child offenders to adult criminal courts violates key provisions of the Convention on the …
Self-Defense To Cyber Force: Combatting The Notion Of 'Scale And Effect', Thomas Eaton
Self-Defense To Cyber Force: Combatting The Notion Of 'Scale And Effect', Thomas Eaton
Scholarly Works
The ability to reach out, with a few keystrokes or a couple lines of code, through the interconnected world of cyberspace and create militarily advantageous effects 10,000 miles away has changed warfare as previously conceived, perhaps more than any other advancement in any other domain of war. Cyber weapons are weapons, and whatever law applies to conventional weapons equally applies to cyber weapons. Long before cyber operations were even science fiction, there was much debate over what constituted a use of force that would justify force in response. In many ways, the debate over what constitutes cyber-attacks has been pasted …
Criminal Law Drafting Manual, Jean Mangan
Criminal Law Drafting Manual, Jean Mangan
Books
This textbook was created under a Round 19 Mini-Grant. It is hosted on the Open ALG (Affordable Learning Georgia) Projects platform.
Sacrificing Secrecy, Daniel S. Harawa
Sacrificing Secrecy, Daniel S. Harawa
Georgia Law Review
Juries have deliberated in secret since medieval times. The
historical reason for the secrecy is that it promotes impartiality,
which in turn protects a defendant’s right to a fair trial. But as
it turns out, jurors are not always impartial. Lurid examples
exist of jurors condemning defendants based on the defendant’s
race, sexuality, ethnicity, and religion.
Generally speaking, courts cannot hear evidence of what
transpired during deliberations. In 2017, however, the U.S.
Supreme Court created an exception to this rule, holding that
the Sixth Amendment requires courts to hear evidence of jurors
making racially biased statements. But this exception means …