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Articles 1 - 30 of 121
Full-Text Articles in Law
You’Re Out!: Three Strikes Against The Plra’S Three Strikes Rule, Kasey Clark
You’Re Out!: Three Strikes Against The Plra’S Three Strikes Rule, Kasey Clark
Georgia Law Review
As federal court caseloads increased in the twentieth century, concerned jurists and academics pointed their fingers at many potential culprits. One culprit in particular, however, caught the attention of Congress: suits brought by prisoners. To curtail what it believed was an influx of frivolous prisoner litigation, Congress passed the Prison Litigation Reform Act (PLRA) in 1996. One provision of the PLRA, known as the “three strikes rule,” prohibits a prisoner from proceeding in forma pauperis if three or more of the prisoner’s prior actions or appeals have been dismissed as frivolous or malicious or for failure to state a claim …
Faithful Execution In The Fifty States, Zachary S. Price
Faithful Execution In The Fifty States, Zachary S. Price
Georgia Law Review
Amid heightened political conflict over criminal-justice policy, norms surrounding prosecutorial discretion have shifted rapidly. Under the prior mainstream approach, prosecutors exercised broad charging discretion, but generally did so tacitly and in case-by-case fashion out of deference to statutory law’s primacy. Under an emerging alternative approach, associated for the moment with progressive politics, prosecutors categorically and transparently suspend enforcement of laws they consider unjust or unwise. The federal government under President Obama employed this theory in high-profile policies relating to marijuana crimes, as well as immigration and the Affordable Care Act. More recently, a number of self-described “progressive prosecutors” have employed …
Unacceptable Risk: The Failure Of Georgia’S “Guilty But Intellectually Disabled” Statute And A Call For Change, Logan Purvis
Unacceptable Risk: The Failure Of Georgia’S “Guilty But Intellectually Disabled” Statute And A Call For Change, Logan Purvis
Georgia Law Review
In 1988, Georgia became the first state in the nation to prohibit the execution of intellectually disabled criminal defendants. At the time, this groundbreaking action played a critical role in shaping the national debate surrounding the criminal justice system’s treatment of this group of individuals, culminating in the United States Supreme Court’s own prohibition in 2002. A drafting error in Georgia’s statute, however, created a highly prejudicial process for determining intellectual disability, all but ensuring that the law’s protections are unattainable for those who seek it. Despite this error, Georgia’s process has remained the same since the statute’s enactment with …
The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World, Audrey Cunningham
Georgia Journal of International & Comparative Law
No abstract provided.
Institutional Doxing And Attribution: Searching For Solutions To A Law-Free Zone, Kimberlee Styple
Institutional Doxing And Attribution: Searching For Solutions To A Law-Free Zone, Kimberlee Styple
Georgia Journal of International & Comparative Law
No abstract provided.
Lifting The Veil Of Mona Lisa: A Multifaceted Investigation Of The "Beyond A Reasonable Doubt" Standard, Zhuhao Wang, Eric Zhi
Lifting The Veil Of Mona Lisa: A Multifaceted Investigation Of The "Beyond A Reasonable Doubt" Standard, Zhuhao Wang, Eric Zhi
Georgia Journal of International & Comparative Law
For a long period of time, the golden standard in judicial fact-finding of criminal cases in the United States and many other countries has been the “Beyond a Reasonable Doubt” (BARD) standard – every person accused of a crime is presumed to be innocent unless, and until, his or her guilt is established beyond a reasonable doubt. The BARD standard’s undergirding principle is one of error distribution, where wrongful conviction of the innocent is a much greater wrong than failed conviction of the guilty. This concept was famously expressed by the English jurist William Blackstone in 1760s: “It is better …
Complicated Mercy: Compensating The Wrongfully Convicted In Georgia, Elizabeth O'Roark
Complicated Mercy: Compensating The Wrongfully Convicted In Georgia, Elizabeth O'Roark
Georgia Law Review
An exoneree’s story does not end when they walk out of prison and back into society. After spending years in prison for a crime they did not commit, the exoneree must rebuild a life with years of lost income, little credit, and no retirement. Georgia is one of the few states that does not have a statute setting out how to fairly and efficiently compensate its exonerees. Exonerees must instead ask state representatives to present a resolution to the General Assembly. If the resolution passes through both chambers of the legislature, then the exoneree can receive some compensation for the …
Hiv No Longer A Death Sentence But Still A Life Sentence: The Constitutionality Of Hiv Criminalization Under The Eighth Amendment, Lauren Taylor
Hiv No Longer A Death Sentence But Still A Life Sentence: The Constitutionality Of Hiv Criminalization Under The Eighth Amendment, Lauren Taylor
Georgia Law Review
When the HIV/AIDS epidemic began in the 1980s in the United States, there was mass confusion and hysteria regarding HIV transmission and prevention, leading many states to enact HIV criminalization statutes to prosecute persons living with HIV who either exposed another person to HIV or put someone in danger of being exposed to HIV. Yet, almost forty years later, these statutes are still used to criminalize and control the behaviors of people living with HIV, and in some cases, impose lengthy prison sentences hinging on the possibility of exposure. These HIV criminalization statutes and subsequent criminal cases often do not …
Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe
Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe
Georgia Journal of International & Comparative Law
There is an ongoing debate over the legality and effectiveness of the use of judicial waiver as a tool to fight violent crimes, including those committed by children in the United States. Judicial waiver or transfer of juveniles is a process by which child offenders are transferred from the juvenile court to adult criminal courts to be tried and sentenced as adult offenders. Despite the implicit recognition of the constitutionality of this practice by the United States Supreme Court, this paper contends that the transfer of child offenders to adult criminal courts violates key provisions of the Convention on the …
Sacrificing Secrecy, Daniel S. Harawa
Sacrificing Secrecy, Daniel S. Harawa
Georgia Law Review
Juries have deliberated in secret since medieval times. The
historical reason for the secrecy is that it promotes impartiality,
which in turn protects a defendant’s right to a fair trial. But as
it turns out, jurors are not always impartial. Lurid examples
exist of jurors condemning defendants based on the defendant’s
race, sexuality, ethnicity, and religion.
Generally speaking, courts cannot hear evidence of what
transpired during deliberations. In 2017, however, the U.S.
Supreme Court created an exception to this rule, holding that
the Sixth Amendment requires courts to hear evidence of jurors
making racially biased statements. But this exception means …
Book A Stay And Win U.S. Citizenship: Examining Birth Tourism As A Business Subject To Federal Regulatory Controls, Nicole Marie Laudick
Book A Stay And Win U.S. Citizenship: Examining Birth Tourism As A Business Subject To Federal Regulatory Controls, Nicole Marie Laudick
Georgia Journal of International & Comparative Law
No abstract provided.
You Made Gideon A Promise, Eh?: Advocating For Mandated Publicly Appointed Counsel At Bail Hearings In The United States Through Domestic Comparisons With Canadian Practices And Legal Considerations, Lauren Elizabeth Lisauskas
You Made Gideon A Promise, Eh?: Advocating For Mandated Publicly Appointed Counsel At Bail Hearings In The United States Through Domestic Comparisons With Canadian Practices And Legal Considerations, Lauren Elizabeth Lisauskas
Georgia Journal of International & Comparative Law
No abstract provided.
Causing A Sanctions Violation With U.S. Dollars: Differences In Regulatory Language Across Ofac Sanctions Programs, Christine Abely
Causing A Sanctions Violation With U.S. Dollars: Differences In Regulatory Language Across Ofac Sanctions Programs, Christine Abely
Georgia Journal of International & Comparative Law
No abstract provided.
The International Criminal Court Appeals Chamber Ruling In Ntaganda: An Opportunity To Improve Accountability For Sexual And Gender-Based Crimes Against Men And Boys, Elizabeth Modzeleski
The International Criminal Court Appeals Chamber Ruling In Ntaganda: An Opportunity To Improve Accountability For Sexual And Gender-Based Crimes Against Men And Boys, Elizabeth Modzeleski
Georgia Journal of International & Comparative Law
No abstract provided.
Looking Forward And Looking Back: How Can The International Criminal Court (Icc) Navigate In A Complicated And Largely Hostile World?, David Tolbert
Looking Forward And Looking Back: How Can The International Criminal Court (Icc) Navigate In A Complicated And Largely Hostile World?, David Tolbert
Georgia Journal of International & Comparative Law
No abstract provided.
The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests, Jane Stromseth
The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests, Jane Stromseth
Georgia Journal of International & Comparative Law
No abstract provided.
States Parties, Non-States Parties, And The Idea Of International Community, Saira Mohamed
States Parties, Non-States Parties, And The Idea Of International Community, Saira Mohamed
Georgia Journal of International & Comparative Law
No abstract provided.
The Icc And Non-Party States: Consistency And Consensus Revisited, Chimène I. Keitner
The Icc And Non-Party States: Consistency And Consensus Revisited, Chimène I. Keitner
Georgia Journal of International & Comparative Law
No abstract provided.
Defense Issues At The International Criminal Court, Megan A. Fairlie
Defense Issues At The International Criminal Court, Megan A. Fairlie
Georgia Journal of International & Comparative Law
No abstract provided.
The Icc In Latin America: An Old Friend With New Challenges, Naomi Roht-Arriaza
The Icc In Latin America: An Old Friend With New Challenges, Naomi Roht-Arriaza
Georgia Journal of International & Comparative Law
No abstract provided.
Probation And Monetary Sanctions In Georgia: Evidence From A Multi-Method Study, Sarah Shannon
Probation And Monetary Sanctions In Georgia: Evidence From A Multi-Method Study, Sarah Shannon
Georgia Law Review
Georgia leads the nation in probation supervision, which has been the subject of recent legislative reforms. Probation supervision is the primary mechanism for monitoring and collecting legal financial obligations (LFOs) from people sentenced in Georgia courts. This Article analyzes how monetary sanctions and probation supervision intersect in Georgia using quantitative data from the Department of Community Supervision as well as interviews with probationers and probation officers gathered as part of the Multi-State Study of Monetary Sanctions between 2015 and 2018. Several key findings emerge: (1) there is substantial variation between judicial districts in the amount of fines and fees ordered …
Faulty Forensics: Bolstering Judicial Gatekeeping In Georgia Courts, Miranda S. Bidinger
Faulty Forensics: Bolstering Judicial Gatekeeping In Georgia Courts, Miranda S. Bidinger
Georgia Law Review
Forensic evidence is widely used in criminal cases
across the country and is accorded great weight by
juries. But critics have begun to question its reliability.
Its use has contributed to numerous wrongful
convictions, and though some individuals have been
exonerated, many remain incarcerated for crimes they
did not commit.
This Note explores a variety of forensic science
disciplines and their associated problems, the recent
push for forensic reform, and the current standards
governing the admissibility of forensic evidence at the
federal level and in Georgia courts, highlighting the
lenient standard embodied in the Georgia Code and
elaborated upon in …
Boots And Bail On The Ground: Assessing The Implementation Of Misdemeanor Bail Reforms In Georgia, Andrea Woods, Sandra G. Mayson, Lauren Sudeall, Guthrie Armstrong, Anthony Potts
Boots And Bail On The Ground: Assessing The Implementation Of Misdemeanor Bail Reforms In Georgia, Andrea Woods, Sandra G. Mayson, Lauren Sudeall, Guthrie Armstrong, Anthony Potts
Georgia Law Review
This Article presents a mixed-methods study of misdemeanor bail practice across Georgia in the wake of reform. We observed bail hearings and interviewed system actors in a representative sample of fifty-five counties to assess the extent to which pretrial practice conforms to legal standards clarified in Senate Bill 407 and Walker v. Calhoun. We also analyzed jail population data published by county jails and by the Georgia Department of Community Affairs. We found that a handful of counties have made promising headway in adhering to law and best practices, but that the majority have some distance to go. Most counties …
Heating Up And Cooling Down: Modifying The Provocation Defense By Expanding Cooling Time, Ariel J. Pinsky
Heating Up And Cooling Down: Modifying The Provocation Defense By Expanding Cooling Time, Ariel J. Pinsky
Georgia Law Review
This Note argues for expanding the provocation
defense for criminal defendants by broadening the
applicability and recognition of both cooling time and
rekindling. This expansion can be accomplished by
transforming cooling time and rekindling into subjective
standards that focus on the unique internal and external
qualities of the defendant. Doing so would not only be
consistent with the underlying purpose of the defense but
also appropriate considering our modern understanding
of the psychological effects of trauma and reactivity to
provoking stimuli. Accordingly, courts should practice
leniency with respect to cooling time and rekindling. The
best approach to provocation is one …
Pretrial Detention Of Indigents: A Standard Analysis Of Due Process And Equal Protection Claims, Robert William G. Wright
Pretrial Detention Of Indigents: A Standard Analysis Of Due Process And Equal Protection Claims, Robert William G. Wright
Georgia Law Review
Over the past several years, criminal justice activists
have sought to reform misdemeanor bail policies that
condition pretrial release on an arrestee’s ability to pay
a predetermined cash bond. Activists have challenged
such bail polices by filing lawsuits on behalf on indigent
persons who have been exposed to such policies. Often,
these lawsuits allege that bail policies violate both the
Due Process and Equal Protection Clauses of the
Fourteenth Amendment. While due process and equal
protection analyses are generally well-defined, U.S.
Supreme Court precedent does not offer a clear analysis
for courts to apply to due process and equal protection …
The Meaning Of A Misdemeanor In A Post-Ferguson World: Evaluating The Reliability Of Prior Conviction Evidence, John D. King
The Meaning Of A Misdemeanor In A Post-Ferguson World: Evaluating The Reliability Of Prior Conviction Evidence, John D. King
Georgia Law Review
Despite evidence that America’s low-level courts are
overburdened, unreliable, and structurally biased,
sentencing judges continue to uncritically consider a
defendant’s criminal history in fashioning an
appropriate punishment. Misdemeanor courts lack
many of the procedural safeguards that are thought to
ensure accuracy and reliability. As with other stages of
the criminal justice system, people of color and poor
people are disproportionately burdened with the
inaccuracies of the misdemeanor system.
This Article examines instances in which sentencing
courts have looked behind the mere fact of a prior
conviction and assessed whether that prior conviction
offered any meaningful insight for the subsequent
sentence. …
Confronting Memory Loss, Paul F. Rothstein, Ronald J. Coleman
Confronting Memory Loss, Paul F. Rothstein, Ronald J. Coleman
Georgia Law Review
The Confrontation Clause of the Sixth Amendment grants
“the accused” in “all criminal prosecutions” a right “to be
confronted with the witnesses against him.” A particular
problem occurs when there is a gap in time between the
testimony that is offered and the cross-examination of it, as
where—pursuant to a hearsay exception or exemption—
evidence of a current witness’s prior statement is offered and,
for some intervening reason, her current memory is impaired.
Does this fatally affect the opportunity to “confront” the
witness? The U.S. Supreme Court has, to date, left unclear the
extent to which a memory-impaired witness can …
Is Vagueness Choking The White-Collar Statute?, David Kwok
Is Vagueness Choking The White-Collar Statute?, David Kwok
Georgia Law Review
No abstract provided.
Arresting The Village-To-Prison Pipeline: Mandatory Criminal Adr As A Transitional Justice Strategy, Jeremy Akin
Arresting The Village-To-Prison Pipeline: Mandatory Criminal Adr As A Transitional Justice Strategy, Jeremy Akin
Georgia Journal of International & Comparative Law
No abstract provided.
American Hypocrisy: How The United States' System Of Mass Incarceration And Police Brutality Fail To Comply With Its Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, R. Danielle Burnette
Georgia Journal of International & Comparative Law
No abstract provided.