2020 Georgia Code
Title 17 - Criminal Procedure
Chapter 10 - Sentence and Punishment

- Prohibition against cruel and unusual punishment, U.S. Const., amend. 8 and Ga. Const. 1983, Art. I, Sec. I, Para. XVII.

Penalty for hiring applicant with criminal record, § 31-7-353.

- Sentence and judgment, Federal Rules of Criminal Procedure, Rule 32.

- For article, "The Defense Lawyer's Role in the Sentencing Process: You've Got to Accentuate the Positive and Eliminate the Negative," see 37 Mercer L. Rev. 981 (1986). For annual survey article discussing developments in criminal law, see 51 Mercer L. Rev. 209 (1999). For article, "Constructing Recidivism Risk," see 67 Emory L.J. 59 (2017). For note, "Comparative Analysis of Democracy and Sentencing in the United States as a Model for Reform in Iraq," see 33 Ga. J. Int'l & Comp. L. 303 (2004).

OPINIONS OF THE ATTORNEY GENERAL

Application date of provisions.

- Sentence Reform Act of 1994 became effective January 1, 1995, and the new sentencing provisions created by the Act only apply to offenses committed on or after that date. 1997 Op. Att'y Gen. No. 97-10.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 706 et seq. 21A Am. Jur. 2d, Criminal Law, § 819 et seq.

- 24 C.J.S., Criminal Procedure and Rights of the Accused, § 2183 et seq.

- Right to recover back fine or penalty paid in criminal proceeding, 26 A.L.R. 1523.

Censorship and evidentiary use of unconvicted prisoners' mail, 52 A.L.R.3d 548.

Propriety of conditioning probation on defendant's not entering specified geographical area, 28 A.L.R.4th 725.

Right of convicted defendant to refuse probation, 28 A.L.R.4th 736.

Computation of incarceration time under work-release or "hardship" sentences, 28 A.L.R.4th 1265.

Appealability of order suspending imposition or execution of sentence, 51 A.L.R.4th 939.

Insanity as defense to revocation of probation, 56 A.L.R.4th 1178.

The propriety of conditioning parole on defendant's not entering specified geographical area, 54 A.L.R.5th 743.