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Full-Text Articles in Law

The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer Dec 2015

The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer

Georgia Journal of International & Comparative Law

No abstract provided.


Modifying Unjust Sentences, E. Lea Johnston Jan 2015

Modifying Unjust Sentences, E. Lea Johnston

Georgia Law Review

Judicial sentence modification offers a means to address the phenomenon of over-incarcerationas well as the harsh prison conditions that threaten unjust punishment. Indeed, some legislatures have framed states' early release provisions as fulfilling goals of proportionality and just punishment. This Article explores whether the tools available to judges at sentence modification hearings are adequate to respond to the unjust punishment experienced by prisoners. In examining this question, the Article focuses on one population particularly likely to experience disproportionate or inhumane punishment: inmates with serious mental disorders. A deep literature suggests that individuals with serious mental illnesses are especially likely to …