A sharp disagreement has emerged among federal circuit courts regarding the application of the Eighth Amendment’s Excessive Fines Clause to penalties for failing to file a Foreign Bank Account Report (FBAR). This has created legal uncertainty for individuals with foreign financial interests. The resulting circuit split leads to disparate
Scholars have been predicting the demise of the American death penalty for much of the twenty-first century. This prediction finds support in state-by-state abolition, reduced numbers of new death sentences, and continued reductions in the death row population. Despite significant movement away from the death penalty, the punishment remains stubbornly
This Act establishes a statutory framework to compensate individuals wrongfully convicted and incarcerated in Georgia. Also known as the Wrongful Conviction and Incarceration Compensation Act, the Act allows eligible claimants to seek financial compensation through the Office of State Administrative Hearings (OSAH). The Act also entitles criminal defendants to recover
The Act primarily functions to expand the list of serious offenses for which bail or surety is required by adding thirty new offenses, including misdemeanors that have a mandatory cash bail. It also requires many repeat offenders to post bail or surety. In addition, the Act restricts organizations, charities, or
The Act includes various amendments to Georgia’s Judicial and Criminal Codes. Two changes are most notable. First, the Act permits the vacating of sentences for victims of human trafficking who were convicted under Article 3 of Chapter 8 of Title 42— Georgia’s first offender statute. Second, the Act
This Note explores the majority opinion and the dissents in Pena- Rodriguez regarding whether the Supreme Court has adequately provided guidance for lower courts to follow the ruling, which now allows exceptions for evidence of racial bias to Rule 606(b). Part I discusses the history of the no-impeachment rule,
The bill would have removed the Georgia Public Defender Standards Council’s authority over the public defender system and changed it to an advisory body only. The public defender system itself would have changed from an independent entity to a state agency named the Georgia Public Defender Agency.
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