Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

2006

Journal

Criminal Law

Mercer University School of Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Criminal Law, Laura D. Hogue, Franklin J. Hogue Dec 2006

Criminal Law, Laura D. Hogue, Franklin J. Hogue

Mercer Law Review

The tension between prosecuting those charged with violating the laws of this state and defending the rights of those accused of having committed crimes sets the stage for the multitude of opinions from the Georgia Court of Appeals and the Georgia Supreme Court in the field of criminal law. As always, we strive to present cases that will assist attorneys in their practice, either by surveying cases that present careful reiteration of age-old principles or by surveying cases that alter old rules or establish new ones. We limit our Article to cases that affect the practice of criminal law but …


Roper V. Simmons: A Dead-End For The Juvenile Death Penalty, Robert F. Glass Jul 2006

Roper V. Simmons: A Dead-End For The Juvenile Death Penalty, Robert F. Glass

Mercer Law Review

In Roper v. Simmons, the United States Supreme Court held that executing a person under the age of eighteen constituted cruel and unusual punishment as prohibited by the Eighth Amendment to the United States Constitution. Relying on support ranging from scientific and sociological studies to the laws of foreign countries, the Court reversed its 1989 ruling in Stanford v. Kentucky, which upheld the constitutionality of juvenile execution. This case is important because it (1) represents the Court's increasingly restrictive view with regard to permissible punishment under the Eighth Amendment's prohibition of cruel and unusual punishment and (2) raises significant questions …


Death Penalty Law, Holly Geerdes, Nikki Cox Mar 2006

Death Penalty Law, Holly Geerdes, Nikki Cox

Mercer Law Review

This Article surveys fifteen death penalty decisions of the United States Supreme Court from June 1, 2004 through June 20, 2005. It was written as a companion to Death Penalty Law, a survey of death penalty decisions of the Georgia Supreme Court from June 1, 2004 through May 31, 2005. Focusing on the Court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not concern holdings in capital cases that are common to other criminal appeals.