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Articles 1 - 30 of 55
Full-Text Articles in Law
The Georgian Case For Harmless Constitutional Error Reform, John Evan Laughter
The Georgian Case For Harmless Constitutional Error Reform, John Evan Laughter
Georgia State University Law Review
This Note examines Georgia’s application of harmless error review to constitutional errors and proposes a new standard to remedy deficiencies.
Arrests: Legal And Illegal, Daniel Yeager
Arrests: Legal And Illegal, Daniel Yeager
Georgia State University Law Review
The Fourth Amendment prohibits unreasonable searches and seizures. An arrest—manifesting a police intention to transport a suspect to the stationhouse for booking, fingerprinting, and photographing—is a mode of seizure. Because arrests are so intrusive, they require roughly a fifty percent chance that an arrestable offense has occurred. Because nonarrest seizures (aka Terry stops), though no “petty indignity,” are less intrusive than arrests, they require roughly just a twenty-five percent chance that crime is afoot.
Any arrest not supported by probable cause is illegal. It would therefore seem to follow that any arrest supported by probable cause is legal. But it …
Social Ecology, Preventive Intervention, And The Administrative Transformation Of The Criminal Legal System, Mark R. Fondacaro
Social Ecology, Preventive Intervention, And The Administrative Transformation Of The Criminal Legal System, Mark R. Fondacaro
Georgia State University Law Review
This Article outlines an administrative model of criminal justice that provides a conceptual framework and empirical justification for transforming our criminal legal system from a backward-looking, adjudicative model grounded in principles of retribution toward a forward-looking model grounded in consequentialist principles of justice aimed at crime prevention and recidivism reduction. The Article reviews the historical roots and justifications for our current system, along with recent advances in the behavioral, social, and biological sciences that inform why and how the system fuels injustice. The concept of social ecology is introduced as an organizing framework for: (1) understanding why individuals do or …
Police Chases And Pit Maneuvers: Examining The Role Of Officer Conduct In Pursuit-Related Felony Murder Convictions, Margaret L. R. Dubose
Police Chases And Pit Maneuvers: Examining The Role Of Officer Conduct In Pursuit-Related Felony Murder Convictions, Margaret L. R. Dubose
Georgia State University Law Review
The United States Supreme Court has described a police officer's decision to terminate a high-speed car chase by making physical contact with the fleeing vehicle as a "choice between two evils." Indeed, while many speed-related deaths occur on Georgia's roadways without the involvement of law enforcement, deaths also transpire when officers choose to make such contact through Precision Intervention Technique (PIT) maneuvers.
In 2015, a Georgia jury found a driver guilty of committing felony murder—a conviction which carries with it a life sentence. The victim, a passenger in the driver's speeding car, died after a law enforcement officer performed a …
Sb 44 - Expanding The Street Gang Terrorism And Prevention Act, Aaron L. Brown, Anna C. Dillon
Sb 44 - Expanding The Street Gang Terrorism And Prevention Act, Aaron L. Brown, Anna C. Dillon
Georgia State University Law Review
The Act enhances penalties for violations of the Street Gang Terrorism and Prevention Act, including imposing mandatory minimums, and preserves the State’s right to appeal a court’s deviation from the mandatory minimum sentencing guidelines provided in the Act. The Act also imposes limits on the use of unsecured judicial release.
Hb 219 - Venue For Money Laundering And Theft Involving Digital Currency, Samuel P. Robertson, Lindsey N. Smith
Hb 219 - Venue For Money Laundering And Theft Involving Digital Currency, Samuel P. Robertson, Lindsey N. Smith
Georgia State University Law Review
The Act creates venue in cases of money laundering and theft that involve the transfer of digital currency by establishing that the crime may be considered to have happened wherever power was exercised over the property, wherever an act in furtherance of the crime occurred, or wherever the victim resides.
Sb 92 - Establishing A Prosecuting Attorneys Qualifications Commission, Abigail C. Sisson, Erica L. Welsh
Sb 92 - Establishing A Prosecuting Attorneys Qualifications Commission, Abigail C. Sisson, Erica L. Welsh
Georgia State University Law Review
The Act establishes a Prosecuting Attorneys Qualifications Commission to discipline, remove, and require the involuntary retirement of appointed or elected state prosecutors found to be in violation of their duties, and adds additional duties for state prosecutors to conduct individual reviews of cases where probable cause exists.
Lying At Plea Bargaining, Thea Johnson
Lying At Plea Bargaining, Thea Johnson
Georgia State University Law Review
This Article describes the regular use of lying during plea bargaining by criminal justice stakeholders and the paradox it presents for those who care about creating a fairer criminal legal system. The paradox is this: lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system, even as that lying makes way for—and sustains—the problematic system it seeks to avoid.
The Article lays out a taxonomy of lying at plea bargaining by organizing the types of lies into three categories: lies about facts, lies about law, and lies …
Sb 85: Mandatory Reporting Of Hazing-Related Violations, Lane Mckell, Julia Martin
Sb 85: Mandatory Reporting Of Hazing-Related Violations, Lane Mckell, Julia Martin
Georgia State University Law Review
The Act expands the definition of “hazing” to include actions subjecting a student to physical endangerment as well as actions coercing the student to engage in behavior that would subject the student to a likely risk of vomiting, intoxication, or unconsciousness. Additionally, the Act imposes a mandatory reporting requirement on Georgia colleges and universities to report hazing-related violations.
Hb 255: Reform Related To Georgia's Sexual Assault Protocol, Kacey Baine, Kirsten Fehlan
Hb 255: Reform Related To Georgia's Sexual Assault Protocol, Kacey Baine, Kirsten Fehlan
Georgia State University Law Review
The Act includes various amendments to Georgia’s sexual assault protocol. First, the Act creates a statewide tracking system for sexual assault kits. The system will track the location and status of kits through the investigative process and allow sexual assault victims to track or receive updates. Second, the Act requires that law enforcement agencies investigating a homicide or attempted homicide thought to be serial, random, or sexually motivated input information into a national database maintained by the Federal Bureau of Investigation.
Hb 479: Repeal Of Georgia's Citizen's Arrest Law, Alex Beato, Melissa Davies
Hb 479: Repeal Of Georgia's Citizen's Arrest Law, Alex Beato, Melissa Davies
Georgia State University Law Review
The Act revises private arrest powers and repeals the Georgia Citizen’s Arrest Law in its entirety. The Act provides certain arresting powers for law enforcement officers when acting outside of their jurisdiction. In addition, the Act clarifies detention powers for shopkeepers of retail, food service establishments, and other business entities under certain circumstances.
Hb 94: Criminalizing Porch Piracy, Charlie Ferrelle, Jake Summerlin
Hb 94: Criminalizing Porch Piracy, Charlie Ferrelle, Jake Summerlin
Georgia State University Law Review
The Act criminalizes the possession of stolen mail and the theft of mail or packages from the porch or entrance of a residential building. A violator may be subject to felony prosecution and imprisonment of one to five years.
Sb 174: Revising Georgia's List Of Bail Restricted Offenses, Natalie E. Delatour, Lauren Meeler
Sb 174: Revising Georgia's List Of Bail Restricted Offenses, Natalie E. Delatour, Lauren Meeler
Georgia State University Law Review
The Act amends Georgia’s law relating to the general provisions regarding bond and recognizances by revising the list of bail restricted offenses through the addition of both misdemeanor and felony crimes. The Act authorizes appointed judges who are fulfilling a vacancy of an elected judge to issue certain bonds and an unsecured judicial release in certain circumstances.
Sb 441: Criminal Records Responsibility Act, Jacob Kanter, Greg Mercer
Sb 441: Criminal Records Responsibility Act, Jacob Kanter, Greg Mercer
Georgia State University Law Review
The Act contains two distinct components. First, the Act reforms Georgia’s criminal records reporting system. Second, the Act grants the Georgia Bureau of Investigation authority to initiate investigations into election fraud.
Hb 1134: Amendments To The Georgia Street Gang Terrorism And Prevention Act, Alex Norton, Sam Collier
Hb 1134: Amendments To The Georgia Street Gang Terrorism And Prevention Act, Alex Norton, Sam Collier
Georgia State University Law Review
The Act amends the Georgia Street Gang Terrorism and Prevention Act to provide the attorney general with concurrent authority to prosecute criminal gang activity alongside local prosecuting attorneys in Georgia. Modeled after a similar act that created concurrent authority for the attorney general to prosecute human trafficking crimes, the Act seeks to enhance the government’s investigation and prosecution of gang crimes in the state by making the effort more corroborative, coordinated, and multi-jurisdictional.
Violent Videos: Criminal Defense In A Digital Age, Amy Kimpel
Violent Videos: Criminal Defense In A Digital Age, Amy Kimpel
Georgia State University Law Review
Digital video evidence has exploded into criminal practice with far-reaching consequences for criminal defendants, their attorneys, and the criminal legal system as a whole. Defense attorneys now receive police body-worn camera footage, surveillance video footage, and cell phone video footage in discovery in even the most routine criminal cases. This Article explores the impact on defense attorneys of reviewing this avalanche of digital evidence. The author posits that the outsized role of digital evidence in criminal cases is taking a toll on defense attorneys in general—and public defenders in particular—resulting in increased burnout and secondary trauma.
This Article includes results …
Criminal Procedure: Sentence And Punishment, Allison Kretovic, Insoo Lee
Criminal Procedure: Sentence And Punishment, Allison Kretovic, Insoo Lee
Georgia State University Law Review
The Act repeals certain provisions regarding the sentencing of defendants for crimes involving bias or prejudice and provides both criteria for punishment for those crimes and required reporting of those crimes.
Sb 158 - Human Trafficking, Starr Crafton, Lillian K. Henry
Sb 158 - Human Trafficking, Starr Crafton, Lillian K. Henry
Georgia State University Law Review
No abstract provided.
Sb 1 - C.J.'S Law, Michael C. Duffey, Stephen Swanson
Sb 1 - C.J.'S Law, Michael C. Duffey, Stephen Swanson
Georgia State University Law Review
The Act primarily functions to increase the penalty for drivers who cause death or serious bodily injury as a result of a vehicular accident and then flee the scene. Also known as C.J.’s Law, the Act establishes a maximum prison sentence of ten years for such a hit-and-run violation. In addition, the Act rewords and clarifies existing statutory language regarding license suspensions subsequent to reckless driving or driving under the influence of alcohol or drugs.
Hb 217 - Needle Exchange Program, Alexandra L. Armbruster, J. Bryan Watford
Hb 217 - Needle Exchange Program, Alexandra L. Armbruster, J. Bryan Watford
Georgia State University Law Review
The Act authorizes certain nonprofit organizations and hospitals to operate clean needle exchange programs. These programs allow individuals who inject drugs to exchange their needles for clean, unused needles. The purpose of these programs is to prevent the spread of HIV, Hepatitis C, and other infectious diseases associated with the repeated use and sharing of needles. The Act further authorizes the Department of Public Health to regulate the registration of organizations that will participate in these programs and protects employees of those organizations from being charged with crimes or offenses associated with selling, lending, giving, or exchanging needles.
Sb 77 - Protection For Monuments, Evelyn Graham, Timothy J. Graves
Sb 77 - Protection For Monuments, Evelyn Graham, Timothy J. Graves
Georgia State University Law Review
The Act prohibits persons and entities from destroying, concealing, or relocating any publicly or privately owned monument. Monuments may only be relocated when necessary for construction, expansion, or alteration to a site of equal prominence within the same municipality. Violators of this legislation are subject to treble the amount of the cost to repair or replace such monument, exemplary damages, attorney’s fees, court costs, and being charged with a misdemeanor.
Addressing Racial Bias In The Jury System: Another Failed Attempt?, Alisa Micu
Addressing Racial Bias In The Jury System: Another Failed Attempt?, Alisa Micu
Georgia State University Law Review
This Note explores the majority opinion and the dissents in Pena- Rodriguez regarding whether the Supreme Court has adequately provided guidance for lower courts to follow the ruling, which now allows exceptions for evidence of racial bias to Rule 606(b). Part I discusses the history of the no-impeachment rule, its foundation in the Sixth Amendment, and its constitutional requirements. Further, Part I discusses the different approaches that courts have taken in adopting Rule 606(b) and what problems courts have identified in its application. Part II analyzes whether the Supreme Court, as a practical matter, has provided a workable procedural scheme …
Panel 4: Criminal Procedure And Affirmative Action
Panel 4: Criminal Procedure And Affirmative Action
Georgia State University Law Review
Moderator: Lauren Sudeall
Panelists: Dan Epps, Gail Heriot, and Corinna Lain
Hb 803 - Crimes And Offenses, Scott P. Robertson, Sharnell S. Simon
Hb 803 - Crimes And Offenses, Scott P. Robertson, Sharnell S. Simon
Georgia State University Law Review
The Act criminalizes the trafficking of elders, disabled adults, and residents for the purpose of appropriating their resources, such as Social Security and disability benefits. According to the Act, this conduct constitutes a felony and those convicted could serve up to twenty years in prison or receive a fine of up to $100,000, or both. The Act defines relevant terms, exempts physicians and other health care providers who act pursuant to lawful authorization, and repeals all conflicting laws.
Sb 407 - Sentencing And Punishment, Abigail L. Howd, Alisa M. Radut
Sb 407 - Sentencing And Punishment, Abigail L. Howd, Alisa M. Radut
Georgia State University Law Review
The Act provides comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system. The Act requires all superior court clerks to provide an electronic filing option, and it requires juvenile court clerks to collect and report certain data about juvenile offenders to the Juvenile Data Exchange. In addition, the Act creates the Criminal Justice Coordinating Council and the Criminal Case Data Exchange Board. The Act also changes the grounds for granting and revoking professional licenses and drivers’ licenses to offenders and modifies the provisions relating to issuing citations and setting bail. Inmates of any public institution may …
Hb 673 - Motor Vehicles And Traffic, Brandon M. Kopp, Caleb L. Swiney
Hb 673 - Motor Vehicles And Traffic, Brandon M. Kopp, Caleb L. Swiney
Georgia State University Law Review
The Act prohibits holding any electronic device or using text-based communication while driving. Drivers are further prohibited from watching or creating videos. These prohibitions exclude: electronic headsets; smart watches; navigation systems; dash cam systems; and programs that convert voice messages into text messages. Commercial vehicle drivers are prohibited from using more than a single button to engage in voice communication or reaching for a communication device in an unsafe manner. Violators will be fined and assessed points to their license based on the amount of times that they have previously violated this Act. Notably, these provisions do not apply when …
Hb 701 - Public Officers And Employees, Michael C. Freeman Jr., Monica Laredo Ruiz
Hb 701 - Public Officers And Employees, Michael C. Freeman Jr., Monica Laredo Ruiz
Georgia State University Law Review
The Act amends Georgia’s statute to give state employers the authority to drug test certain applicants to various public positions. The Act adds opioids, opioid analgesics, and opioid derivatives to the list of drugs for which state employers may screen.
Sb 127 - Criminal Procedure, Adriana C. Heffley, Allison S. Kim
Sb 127 - Criminal Procedure, Adriana C. Heffley, Allison S. Kim
Georgia State University Law Review
The Act introduces procedure by which victims who were not provided notice criminal proceedings, after requesting notice, may file a motion to be acknowledged by the court. This Act is meant to create a means by which a victim’s rights, as introduced by the constitutional amendment in SR 146, may be raised or enforced.
Sb 336 - Law Enforcement Officers And Agencies, Richard J. Uberto Jr., Brooke Wilner
Sb 336 - Law Enforcement Officers And Agencies, Richard J. Uberto Jr., Brooke Wilner
Georgia State University Law Review
The Act prohibits data carriers from disclosing to their customers the existence of a subpoena issued for the production of the customers’ records. The Act also allows the Georgia Bureau of Investigation to retain the fingerprints of individuals working in certain professions that require background checks for the duration of employment.
Garbage In, Garbage Out: Revising Strickland As Applied To Forensic Science Evidence, Mark Loudon-Brown
Garbage In, Garbage Out: Revising Strickland As Applied To Forensic Science Evidence, Mark Loudon-Brown
Georgia State University Law Review
Sophisticated scientific evidence may be an undesirable subject matter for a judge to tackle anew, and it can be even more daunting for a defense attorney to confront, particularly one faced with a crushing caseload. It can be tempting to avoid a challenge to a vulnerable forensic science discipline—be it new, novel, or simply recently called into question—when a lawyer reasonably believes that the evidence will be admitted regardless.
Worse still, it may seem reasonable to disregard any adversarial challenge to incriminatory science altogether, and to opt instead for a different defense or to encourage a guilty plea. With hundreds …