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Criminal Law

: Sentencing Law and Policy

Georgia Supreme Court examines banishment punishment

By Douglas A. Berman

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As detailed in this AP article, headlined "Ga. court upholds partial banishment for offenders," the Georgia Supreme Court in this decision today discusses at some length the constitutionality under state precedents of an offender subject to this sentence:?The Defendant is banished from every county in the State of Georgia except Toombs County. If he is seen in the State of Georgia, other than in Toombs County, during the term of this Sentence it would be a violation of his parole and probation.? UPDATE:  After a review of the extreme facts and relatively measured holding in this case, I find the Georgia high court ruling more reasonable than it may at first sound.

Full post as published by Sentencing Law and Policy on June 30, 2008 (boomark / email).

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