Law Commons^™

Police Chases And Pit Maneuvers: Examining The Role Of Officer Conduct In Pursuit-Related Felony Murder Convictions, Margaret L. R. Dubose

Georgia State University Law Review

The United States Supreme Court has described a police officer's decision to terminate a high-speed car chase by making physical contact with the fleeing vehicle as a "choice between two evils." Indeed, while many speed-related deaths occur on Georgia's roadways without the involvement of law enforcement, deaths also transpire when officers choose to make such contact through Precision Intervention Technique (PIT) maneuvers.

In 2015, a Georgia jury found a driver guilty of committing felony murder—a conviction which carries with it a life sentence. The victim, a passenger in the driver's speeding car, died after a law enforcement officer performed a …

Can't Do The Time, Don't Do The Crime?: Dixon V. State, Statutory Construction, And The Harsh Realities Of Mandatory Minimum Sentencing In Georgia, Suzanne Smith Williams

Georgia State University Law Review

No abstract provided.

Criminal Procedure Searches And Seizures: Provide Extraordinary Appeals And Motions For New Trial Based On Request For Dna Testing And Analysis; Establish Procedure For Preservation Of Evidence, Melissa Rife

Georgia State University Law Review

The Act provides the procedure for post-conviction DNA testing through an extraordinary motion for a new trial in serious violent felonies. The Act amends the Victim's Bill of Rights to require victim notification of extraordinary motions by the defendant. The Act also provides the standards, limitations, and conditions for the testing. The Act allows the State to appeal all extraordinary motions for new trial. In addition, the Act provides the standards for retention of evidence by court-appointed custodians.

Fire Protection And Safety Regulation Of Fireworks: Prohibits Unlicensed Pyrotechnic Displays Before Proximate Audiences, Caskey Adam

Georgia State University Law Review

The Act requires any person or company operating a pyrotechnic display before a proximate audience to obtain from the Safety Fire Commissioner a license, which may only be obtained upon proof that the applicant has liability insurance of at least $1,000,000. Applicants desiring to operate a pyrotechnic display before a proximate audience must also follow the same permitting procedures required of individuals operating a fireworks display. Furthermore, the permit may be granted only if the local fire official has approved the site. The probate judge must send the Safety Fire Commissioner a copy of each permit issued to ensure that …

Education School Safety Act: Require Superior Courts To Notify Local School System When A Juvenile Or Student Over Seventeen Is Convicted Of A Felony Or Criminal Offense; Provide For Student Code Of Conduct For The Local School Systems; Provide For Reporting Alleged Criminal Action By Student; Authorize Statewide Suspension Or Expulsion Of Students Convicted Of A Felony; Provide For Alternative Placement Of Such Students, Usha Ramachandran

Georgia State University Law Review

The Act requires superior courts in the state to give notice to the local school system when a student who is seventeen or older commits a felony. The superior court is also charged with providing written notice to the local school system if a juvenile commits a criminal offense that is in the exclusive jurisdiction of the superior court. The Act also provides that teachers of students who commit criminal offenses be informed, and the administrator of the school is charged with reporting any criminal act by the student. The Act authorizes a statewide expulsion or suspension of the student …

Waters Of The State, Ports, And Watercraft Registration, Operation, And Sale Of Watercraft: Redefine "Vessel"; Create The Felony Crimes Of Homicide By Vessel, Feticide By Vessel, And Serious Injury By Vessel, Julie J. Srochi

Georgia State University Law Review

The Act amends the Georgia Boat Safety Act by providing a new definition of the term “vessel. Additionally, the Act designates homicide by vessel in the first and second degree, feticide by vessel in the first and second degree, and serious injury by vessel as new crimes.

Crimes And Offenses Offenses Against Health And Morals: Provide Felony Penalties For Soliciting, Engaging In, Contracting With, Conspiring With, Encouraging, Abetting, Or Directing A Minor To Commit A Violent Felony, Daniel E. Turner

Georgia State University Law Review

The Act prohibits a person from knowingly and willfully soliciting, engaging in, contracting with, conspiring with, encouraging, abetting, or directing a minor to commit a crime which is a felony and is violent in nature. Additionally, the Act prohibits a person from knowingly or willfully providing a weapon to a minor to be used in the commission of a felony. A violator of this Act is guilty of a felony and is subject to a minimum one-year prison sentence for the first violation, with sentences increasing for subsequent violations.

Crimes And Offenses Sexual Offenses: Prohibit Sexual Contact Between Psychotherapist And Patient, P. Cole Law

Georgia State University Law Review

The Act prohibits psychotherapists from engaging in sexual relations with their patients. Consent of the patient is not a defense to a charge of sexual assault under the Act. A person convicted of violating the Act is guilty of a felony and is subject to imprisonment for not less than one nor more than three years.

Crimes And Offenses Buying Or Selling Human Body Parts: Include Fetal Tissue, B. Rowe

Georgia State University Law Review

The Act makes the buying or selling of a human fetus or any part of a human fetus a felony.

Crimes And Offenses Bail Jumping: Redefine Offenses, A. Ware

Georgia State University Law Review

The Act expands the crime of misdemeanor bail jumping to include defendants charged with or convicted any misdemeanor who fail to appear as directed. In addition, the Act creates the new offense of out-of-state bail jumping and provides notice procedures applicable to felony, misdemeanor, and out-of-state bail jumping.

Motor Vehicles And Traffic Hit And Run: Increase Penalty, J. Shirley

Georgia State University Law Review

The Act increases the penalty from a misdemeanor to a felony for drivers who leave the scene of an accident in which serious bodily injury or death occurs. It also provides that a violation of this Code section constitutes a state violation, rather than a violation of a local ordinance.

Courts Juveniles: Redefine Designated Felony Act, H. Woodall

Georgia State University Law Review

The Act amends Georgia's Designated Felony Law by providing that a juvenile will be subject to the provisions of the Designated Felony Law if the juvenile commits an act which would be a felony if committed by an adult and the juvenile has been adjudicated three times previously for acts which, if done by an adult, would have been felonies. July 1, 1987

Crimes And Offenses Safety Offenses: Include Stun Guns, Tasers In Firearm Definition, Georgia State University Law Review

Georgia State University Law Review

The Act amends the code section which makes possession of a firearm during the commission of certain crimes a felony, so as to include stun guns or tasers in the definition of a firearm.