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Full-Text Articles in Law
Federal Sentencing Guidelines, Andrea Wilson
Federal Sentencing Guidelines, Andrea Wilson
Mercer Law Review
Appeals attempting to resolve issues concerning the United States Sentencing Guidelines ("U.S.S.G.") continue to require much of the resources of the Eleventh Circuit Court of Appeals. The sentencing guidelines are the driving force behind thousands of prosecutions and appeals each year. However, the number of amendments to the guidelines has diminished in recent years, and the court seems to be free to do more fine-tuning than in the past.
Smith V. State: The Georgia Supreme Court Mandated Jury Instructions In Battered Person Syndrome Cases, Sherry M. Hall
Smith V. State: The Georgia Supreme Court Mandated Jury Instructions In Battered Person Syndrome Cases, Sherry M. Hall
Mercer Law Review
After a recent Georgia Supreme Court ruling, battered person syndrome is entitled to separate jury charges when the defendant properly establishes the battered person syndrome self-defense claim.
Old Chief V. United States: Radical Change Or Minor Departure? How Much Further Will Courts Go In Limiting The Prosecution's Ability To Try Its Case?, Scott Patterson
Old Chief V. United States: Radical Change Or Minor Departure? How Much Further Will Courts Go In Limiting The Prosecution's Ability To Try Its Case?, Scott Patterson
Mercer Law Review
In Old Chief v. United States, the United States Supreme Court held that a district court abused its discretion under rule 403 of the Federal Rules of Evidence ("Rule 403") when it refused a defendant's offer to stipulate to a prior assault conviction, and instead admitted the full record of the conviction, when the sole purpose of the evidence was to prove the prior conviction element of a felon in possession of a firearm charge. The holding marks the first time the Supreme Court has limited the time-honored principal of allowing the prosecution the freedom to refuse offers to …