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Full-Text Articles in Criminal Law
Reexamining The Consent Definition Under Article 213: Sexual Assault And Related Offenses Of The Model Penal Code And Its Troubling Influence On Affirmative Consent Definition States, Samantha Newman
Georgia Criminal Law Review
In the past decade, and in response to criticism surrounding Article 213 Sexual Assault and Related Offenses of the 1962 Model Penal Code (MPC), the American Law Institute (ALI) sought to re-examine these specific provisions. In doing so, the ALI attempted to incorporate a more modern standard of sexual behavior and consent, without making the model code too punitive. Recently in 2022, the ALI approved revisions to Article 213 MPC, referred to in this Article as the “Revised Code,” including the rejection of an affirmative consent definition. This Article argues that despite the noble intentions of revising an outdated code, …
To Hemp In A Handbasket: The Meaning Of “Controlled Substance” Under The Career Offender Enhancement, Jacob Friedman
To Hemp In A Handbasket: The Meaning Of “Controlled Substance” Under The Career Offender Enhancement, Jacob Friedman
Georgia Criminal Law Review
Sentencing enhancements can drastically impact prison sentences for people convicted of federal crimes. The career offender enhancement is particularly harmful to a federal criminal defendant because it automatically raises their minimum offense level and criminal history score under the U.S. Sentencing Guidelines, which, although no longer mandatory, are almost always followed by judges in determining actual prison sentences. Since 2016, the career offender enhancement has been applied to almost 8,000 criminal defendants who, at the time of their convictions, had accrued a total of two or more predicate felony convictions, for either a drug offense or a crime of violence …
Punitive Instead Of Rehabilitative: The Role Of Restitution In The Juvenile Justice System And The Need For Reconstruction, Sydney Ford
Georgia Criminal Law Review
The juvenile justice system was founded on the premise of giving specific attention to the needs of youth and rehabilitating them. Over the years, the juvenile justice system evolved to include more rights and protections for youth while still maintaining that their goal was to rehabilitate justice-involved youth. Restitution, one method of disposition, began as a way to continue this rehabilitation-based mission and provide an alternative to incarceration. However, rehabilitation’s disproportionate and punitive application, with a lack of consistency across state lines, does not coincide with rehabilitation anymore. This article argues that restitution does not align with rehabilitation, the core …
Legalize For Legal Highs: How Georgia Can Address Racial Disparities In The Criminal Legal System By Legalizing Recreational Cannabis, Nneka Ewulonu
Legalize For Legal Highs: How Georgia Can Address Racial Disparities In The Criminal Legal System By Legalizing Recreational Cannabis, Nneka Ewulonu
Georgia Criminal Law Review
Cannabis prohibition is a policy failure that nevertheless continues to impact more than half of Americans, including Georgians. Remaining true to its roots in racism and xenophobia, cannabis criminalization has disparate impacts, with Black Americans being more likely to be arrested or incarcerated for a cannabis related offense. Furthermore, cannabis criminalization results in tens of millions of missed tax dollars for the state. This article argues for a clear policy solution; it is time for Georgia to legalize cannabis. As demonstrated by the 21 states that have legalized recreational cannabis as of Fall 2022, legalizing recreational cannabis creates both economic …
Progressive Prosecution, Sherry Boston, Rachel Foran, Deborah Gonzalez
Progressive Prosecution, Sherry Boston, Rachel Foran, Deborah Gonzalez
Georgia Criminal Law Review
No abstract provided.
Juvenile Sentencing In Georgia, Randee Waldman, Emily Boness, Kaitlyn Barnes, Aakeem Woodard
Juvenile Sentencing In Georgia, Randee Waldman, Emily Boness, Kaitlyn Barnes, Aakeem Woodard
Georgia Criminal Law Review
No abstract provided.
Carl Vinson Institute Presentation, Holly Lynde
Carl Vinson Institute Presentation, Holly Lynde
Georgia Criminal Law Review
No abstract provided.
Event Overview, Georgia Criminal Law Review Editors
Event Overview, Georgia Criminal Law Review Editors
Georgia Criminal Law Review
No abstract provided.
Introduction, Georgia Criminal Law Review Editors
Introduction, Georgia Criminal Law Review Editors
Georgia Criminal Law Review
No abstract provided.
Table Of Contents, Georgia Criminal Law Review Editors
Table Of Contents, Georgia Criminal Law Review Editors
Georgia Criminal Law Review
No abstract provided.