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Articles 1 - 6 of 6
Full-Text Articles in Law
Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson
Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Mass Suppression: Aggregation And The Fourth Amendment, Nirej Sekhon
Mass Suppression: Aggregation And The Fourth Amendment, Nirej Sekhon
Georgia Law Review
The FourthAmendment's exclusionary rule requires that
criminal courts suppress evidence obtained as a result of
an unconstitutionalsearch or seizure. The Supreme Court
has repeatedly stated that suppression is purely
regulatory, not remedial. Its only purpose is to deter
future police misconduct, not to remedy past privacy or
liberty harms suffered by the defendant. Exclusion, in
other words, is for the benefit of community members who
might, sometime in the future, be subject to police
misconduct like that endured by the defendant.
Exclusion's regulatory purpose would be greatly aided if
criminal courts could identify when a suppression motion
involved Fourth Amendment …
Trans-Lating The Eighth Amendment Standard: The First Circuit's Denial Of A Transgender Prisoner's Constitutional Right To Medical Treatment, Bethany L. Edmondson
Trans-Lating The Eighth Amendment Standard: The First Circuit's Denial Of A Transgender Prisoner's Constitutional Right To Medical Treatment, Bethany L. Edmondson
Georgia Law Review
In December of 2014, the First Circuit Court of Appeals
held, en banc, that the Massachusetts Department of
Corrections was not constitutionally obligated to provide
Michelle Kosilek, a transgender prisoner, with sexual
reassignment surgery. Kosilek sued the prison, arguing
that her Eighth Amendment rights against cruel and
unusual punishment were violated. The First Circuit held
that Kosilek did not have a serious medical need, due to
the prison's alternative treatment, and that the prison was
not deliberately indifferent to that need. This Note argues
that the First Circuit erred in applying the "serious
medical need" prong of the cruel and …
An Aggravating Adolescence: An Analysis Of Juvenile Convictions As Statutory Aggravators In Capital Cases, Lesley A. O'Neill
An Aggravating Adolescence: An Analysis Of Juvenile Convictions As Statutory Aggravators In Capital Cases, Lesley A. O'Neill
Georgia Law Review
In death penalty cases there is a requirement that
certain statutory aggravators must be present in order to
reach a death verdict. One such statutory aggravator in
most states is the defendant having previously committed
a felony, which can include crimes committed as a
juvenile. While the Supreme Court ruled in 2005 that
sentencing a defendant to death for crimes they committed
as a juvenile is unconstitutional, many states' death
penalty statutes allow for the possibility that the sole
aggravator relied on for a verdict of death is a previous
juvenile conviction. This Note argues that based on the
Court's …
"Clientless" Prosecutors, Russell M. Gold
"Clientless" Prosecutors, Russell M. Gold
Georgia Law Review
Class counsel and prosecutors have a lot more in
common than scholars realize. Because these lawyers
have to make decisions on their client's behalf that clients
would make in other contexts, they prompt substantial
concerns about lawyers' accountability to their clients.
Accordingly, there is a lot that each context can learn from
the other about how to hold these lawyers accountable.
This Article considers what criminal law can learn from
class action law. Its central insights are first that diffuse
entities comprised largely of apathetic individuals cannot
be expected to hold their lawyers accountable. And second,
to combat that accountability …
Give It To Me, I'M Worth It: The Need To Amend Georgia's Record Restriction Statute To Provide Ex-Offenders With A Second Chance In The Employment Sector, Bonita A. Huggins
Give It To Me, I'M Worth It: The Need To Amend Georgia's Record Restriction Statute To Provide Ex-Offenders With A Second Chance In The Employment Sector, Bonita A. Huggins
Georgia Law Review
In the era of mass criminalization, where over 70
million Americans and almost four million Georgians
have a criminal record, the collateral consequences that
accompany criminal records have become barriers to
employment for many ex-offenders trying to reenter the
workforce. Blanket exclusionary hiring policies that
apply to all individuals with a record regardless of the
nature of the offense or time since its commission have
left a portion of the population with little to no
opportunity to act as productive, contributing members
of society.
Georgia's current statutory scheme built to alleviate
the effects of the collateral consequences of a criminal …