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Articles 1 - 4 of 4
Full-Text Articles in Law
Criminal Law, Franklin J. Hogue, Laura D. Hogue
Criminal Law, Franklin J. Hogue, Laura D. Hogue
Mercer Law Review
We have culled through the most important criminal cases of this reporting period' and selected those that resulted in changes to criminal case law that will likely have an effect upon the way prosecutors and defense attorneys approach criminal cases in Georgia.
State V. Jackson And The Explosion Of Liability For Felony Murder, Brian E. Brupbacher
State V. Jackson And The Explosion Of Liability For Felony Murder, Brian E. Brupbacher
Mercer Law Review
In The Discourses, Niccold Machiavelli wrote, "The dangers involved in conspiracies[] ... are considerable, and go on all the time, for in a conspiracy dangers crop up alike in forming the plot, in carrying it out, and as a result of its having been carried out."' Although by its context this remark refers to conspiracies to commit regicide and the problems these conspiracies pose to the conspirators, this remark well describes practical and legal problems that can result from conspiracies to commit felonies. In Georgia this is particularly true following the June 28, 2010 ruling in State v. Jackson …
Foreward: The Brain Sciences And Criminal Law Norms, Theodore Y. Blumoff
Foreward: The Brain Sciences And Criminal Law Norms, Theodore Y. Blumoff
Mercer Law Review
In general, researchers hope to answer the same ontological question: "Who are we?" Practitioners address the question in their own unique ways, employing the rhetoric and idioms, and the agenda and metrics, that express their respective domains. Researchers in the various brain sciences work at the frontier of knowledge about our brains, the final material cause of all of our endeavors. They fully share the commitment to this fundamental question. From the perspective of the brain sciences, the answer to this question-though certainly not now and perhaps never fully elaborated-is nonetheless more widely understood than at any time in human …
Gideon'S Vuvuzela: Reconciling The Sixth Amendments Promises With The Doctrines Of Forfeiture And Implicit Waiver Of Counsel, Sarah Gerwig-Moore
Gideon'S Vuvuzela: Reconciling The Sixth Amendments Promises With The Doctrines Of Forfeiture And Implicit Waiver Of Counsel, Sarah Gerwig-Moore
Articles
Dating back to the early decades of the twentieth century, the United States Supreme Court has articulated clear, venerable standards for the waiver of constitutional rights--and in particular the right to counsel. This is a rich area for both litigation and teaching, if only to be able to repeat phrases such as "courts indulge every reasonable presumption against waiver" and "we do not presume acquiescence in the loss of fundamental rights." A defendant must proceed with "eyes open," and a waiver will not be presumed from a "silent record." Consistently affirmed and reaffirmed by the United States Supreme Court and …