Today's Date: Add To Favorites
Ga. Court Examines Banishment Policy
Political and Legal | 2008/01/08 10:54
An unusual question is before the Georgia Supreme Court: Should banishment of criminals be banned?

Though Georgia's judges are technically outlawed from banishing offenders, some have skirted the rule by restricting them from all but one of the state's 159 counties. Now, one convict is challenging the practice, claiming it is unconstitutional.

"It's a throwback to the dark ages," McNeill Stokes, the defense attorney who argued the case Monday, said in an interview. "The whole point behind this is zealous prosecutors wanting to get rid of problems in their counties."

State attorneys contend the orders are a way to rid criminals from populous areas and protect victims from repeat offenses. But some defense attorneys see them as thinly disguised efforts to evade a Georgia constitutional provision that explicitly forbids courts from "banishment beyond the limits of the state."

The case revolves around Gregory Mac Terry, who pleaded guilty to assault and stalking charges. According to court documents, he violated a restraining order by sneaking into his estranged wife's home, forced her into his car and then threatened her with scissors.

He was sentenced to 20 years in prison and 10 more years on probation, and a judge added a condition that he be banned from all Georgia's counties except Toombs County in southeast Georgia. His attorney says that condition kept him in prison longer, because he couldn't complete a work-release program in another county.

State attorney Paula Smith Sr. said the ban is reasonable, because Terry wrote a letter saying he wouldn't forget his wife when he was released.

"What we're losing sight of here is the purpose, and that was to help Mr. Terry's wife from his documented obsession of her," Smith said, adding that the court was "trying to safeguard this woman."

The banished rarely move to the remote counties where they are sent, and lawyers say some flee the state altogether. DeKalb County alone has banished dozens of offenders to Echols County, which sits on the Florida border.

During arguments Monday, justices peppered attorneys with questions about how the policy works logistically.

For example, they asked, how would an offender even get to the county where he was supposed to live without passing through counties he was banned from?



[PREV] [1] ..[5532][5533][5534][5535][5536][5537][5538][5539][5540].. [8286] [NEXT]
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
A man who threatened to kill..
Ford cuts 2024 earnings guid..
Kenya’s deputy president pl..
South Korean court acquits f..
Supreme Court grapples with ..
Supreme Court leaves in plac..
Kentucky sheriff accused of ..
New rules regarding election..
North Carolina appeals court..
A court in Argentina orders ..
Mexican cartel leader’s son..
Sean ‘Diddy’ Combs jailed ..
Alaska man charged with send..
Protesters storm Mexico’s S..
Google faces new antitrust t..


Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
East Greenwich Family Law Attorney
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
  Law Firm Directory
 
 
 
© ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Affordable Law Firm Web Design