Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 5 of 5
Full-Text Articles in Law
Trouble With Treble Damages For Third Parties: The Georgia Streetgang Terrorism And Prevention Act, S. Meghan Pittman
Trouble With Treble Damages For Third Parties: The Georgia Streetgang Terrorism And Prevention Act, S. Meghan Pittman
Mercer Law Review
As the Georgia Supreme Court has issued its final opinion on the Georgia Streetgang Terrorism and Prevention Act, several issues are now raised. While the interpretation of the statute appears to be correct, the question still arises of whether or not this interpretation is consistent with the legislative intent of this Act as a whole.
Clearly, the issue which the Act was enacted to prevent was harm to innocent third-parties by criminal streetgangs. While a commercial property owners may not be able to fully police the area in which their property is located, shouldn’t these individuals be held to a …
Criminal Law, J. Scott Key
Criminal Law, J. Scott Key
Mercer Law Review
This Article reviews some of the most important opinions impacting the practice of criminal law delivered by the Supreme Court of the United States and the Georgia Supreme Court covering the period from June 1, 2020, up until May 31, 2021, as well as legislation adopted by the Georgia General Assembly during the 2020 session. This Article is designed to be a mere overview to both prosecutors and defense attorneys of decisions and new statutes and serves as a broad guideline on how these decisions will affect the practices.
Criminal Law, Thomas D. Church
Criminal Law, Thomas D. Church
Mercer Law Review
This Article provides a comprehensive review of the Eleventh Circuit’s most noteworthy criminal law opinions from 2020, with a focus on the key holdings from each decision. Section II of this Article addresses substantive criminal offenses, such as economic crimes, drug offenses, and firearm offenses, while Section III covers criminal procedure, the rules of evidence, and constitutional issues arising in criminal prosecutions. Section IV deals with the Federal Sentencing Guidelines and other sentencing issues, and Section V provides a limited review of the Eleventh Circuit’s decisions in post-conviction proceedings.
Prisoner Exposure To A Pandemic: Measuring When Institutional Response Rises To Punishment, Josh Slovin
Prisoner Exposure To A Pandemic: Measuring When Institutional Response Rises To Punishment, Josh Slovin
Mercer Law Review
The Constitution prohibits the cruel and unusual punishment of inmates and detainees. Accordingly, when prison conditions fall below a humane level due to acts or omissions by prison officials, the prison may be found in violation of the Eighth Amendment, the Cruel and Unusual Punishment Clause, against an inmate or the Fourteenth Amendment, the Due Process Clause, against a pre-trial detainee (hereinafter detainee).
Specifically, the assertion of such claims regarding poor prison conditions raises the question of how prisons, and thus the courts, are approaching the novel health risks and administrative challenges posed by a global Coronavirus (COVID-19) pandemic in …
Making The Murderer’S Voyeurs: The Influence Of Violent Crime Exposure, Social Movements, And Desensitization On Georgia’S Treatment Of The Death Penalty, Sarah J. Foster
Making The Murderer’S Voyeurs: The Influence Of Violent Crime Exposure, Social Movements, And Desensitization On Georgia’S Treatment Of The Death Penalty, Sarah J. Foster
Mercer Law Review
The clock slowly ticks to 8:00 p.m. Popcorn in hand, he plops down in front of the television and quickly flips on “Criminal Minds”. He shoves in a kernel of popcorn as the show sets our scene. The clock slowly ticks to 11:45 p.m. A firm hand escorts a woman dressed in a bright orange jumpsuit into a small, sterile room. Only a large pane of glass separates her from the somber faces of witnesses, friends, and family. They whisper among each other and take their seats in the theater-like arrangement. Coarse straps are tightly pulled around her arms—he pops …