Law Commons^™

Death Penalty Law, Holly Geerdes, David Lawless

Mercer Law Review

This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2003, through May 31, 2004. The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals. Four United States Supreme Court decisions are included in this survey because of their salience to Georgia death penalty law.

Criminal Procedure, Charles E. Cox Jr.

Mercer Law Review

Each year the United States Court of Appeals for the Eleventh Circuit issues numerous decisions concerning the protections provided to criminal defendants by the United States Constitution. This Article surveys decisions issued in 2003 that are likely to be of interest to criminal law practitioners.

Federal Sentencing Guidelines, Rosemary T. Cakmis

Mercer Law Review

Despite the passage of almost two decades since the enactment of the United States Sentencing Guidelines ("U.S.S.G."), issues relating to the sentencing guidelines continue to dominate Eleventh Circuit case law. This is no doubt due, at least in part, to the fact that by 2003, the guidelines had been amended 662 times.

Ambiguities within the guidelines regularly lead to differing interpretations of those guidelines among the circuit courts of appeals. These differing interpretations result in further guideline amendments aimed at reconciling the splits among the circuits. The amended guidelines result in new issues of first impression, new interpretations, and new …

A Deep Breath Before The Plunge: Undoing Miranda's Failure Before It's Too Late, Benjamin D. Cunningham

Mercer Law Review

The Supreme Court's decision in Miranda v. Arizona has been and will be a lightning rod for controversy so long as it remains in effect. The decision has been lauded for its apparent protection of individual dignity from overzealous police and criticized as an unwarranted shackle on legitimate law enforcement techniques. Nevertheless, Miranda has weathered the storms and, thanks to the Supreme Court's decision in Dickerson v. United States, has endured. Unknown to most proponents or detractors, however, Miranda has had little effect on what actually occurs during police interrogations. The reasons for this are varied. First, by creating …