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A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.
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In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.
"Criminal Records"--A Comparative Approach, Sigmund A. Cohn
"Criminal Records"--A Comparative Approach, Sigmund A. Cohn
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There is in the United States a need to balance the interest of the public in the apprehension and conviction of criminals with that of individuals arrested but not convicted of any wrongdoing. As has been shown, some of the leading civil law countries have approached this goal in two ways: first, by not requiring an arrest in a great number of criminal cases and thus not furthering in the mind of the public the idea that arrest and criminal wrongdoing are identical, and second, by confining entries in criminal records, at least on principle, to final convictions of criminal …
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.
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Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …
The New Federalism In Criminal Procedure: State Court Evasion Of The Burger Court, Donald E. Wilkes Jr.
The New Federalism In Criminal Procedure: State Court Evasion Of The Burger Court, Donald E. Wilkes Jr.
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It is hardly news that the Supreme Court has changed since the innovative Sixties. In cases involving obscenity, juvenile justice, loyalty oaths, loss of nationality, preinduction review of selective service board orders, and federal injunctive and declaratory relief against state criminal prosecutions, the Burger Court has shown that its judicial philosophy is substantially different from that of the Warren Court. Nowhere is this change more evident than in the field of criminal procedure. Since June 23, 1969, when Warren E. Burger became the fifteenth Chief Justice, it has grown increasingly obvious that the Burger Court intends to reverse the trend …