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Author Archives: Steven P. Berne

Second Chance Law Now in Effect

By Steven P. Berne |

The Second Chance Act of 2020 is designed to expand Georgia record restriction law to include certain misdemeanor and felony convictions. It also created incentives for employers to hire those whose convictions had been expunged. If you have been convicted of a single misdemeanor, or a series of misdemeanors relating to a single incident,… Read More »

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What Joe Biden’s Election Means for the Future of Criminal Justice

By Steven P. Berne |

In light Joe Biden’s apparent election to serve as the 46th president of the United States, the Marshall Project has published a detailed review of President-Elect Biden’s criminal justice platform, which the Marshall Project notes was “quietly” the “most progressive criminal justice platform of any majority party candidate in generations.” Joe Biden will likely… Read More »

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U.S. IMPRISONMENT RATE AT ITS LOWEST SINCE 1995

By Steven P. Berne |

The combined state and federal imprisonment rate of 419 sentenced prisoners per 100,000 U.S. residents in 2019 was the lowest imprisonment rate since 1995, the Bureau of Justice Statistics announced today. The imprisonment rate in 2019 marked a 17% decrease from 2009 and a 3% decrease from 2018, and it marked the 11th consecutive… Read More »

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Could Zoom jury trials become the norm during the coronavirus pandemic?

By Steven P. Berne |

As criminal courts grapple with the COVID-19 pandemic, some in the legal industry wonder whether a virtual jury trial could be next. Just weeks ago, the idea might have seemed inconceivable. Now, as remote meetings using videoconferencing tools such as Zoom become a regular fixture in courts, some are concerned that virtual trials would… Read More »

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Problems with Courts reopening in Georgia

By Steven P. Berne |

Georgia Supreme Court Chief Justice Harold Melton warned state judges Monday that they could face judicial discipline if they continue to ignore COVID-19 health guidelines. Melton plans to extend an emergency order this week, and this time he plans to include “stronger, more mandatory language” about the need to follow health directives, he said…. Read More »

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What does “Inciting a Riot” mean in Georgia?

By Steven P. Berne |

Many people are unsure of the differences between affray, riots, and inciting a riot in Georgia. All of these crimes are a disturbance of the peace, but they are all different. It is important to know the subtle distinctions between each crime. All of them are charged as misdemeanors in Georgia.  Georgia Law O.C.G.A…. Read More »

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U.S. Court and Georgia Closings, Cancellations and Restrictions Due to COVID-19

By Steven P. Berne |

In response to public health guidance related to COVID-19 (coronavirus), many U.S. courts (state and federal) and agencies adjusted the way they operate.   Each court is making its own modifications under the circumstances and have included, among other things: closing courthouses, restricting courthouse access, continuing trials, cancelling non-case related activities, and rescheduling or permitting… Read More »

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The Latest on COVID-19 Compassionate Release

By Steven P. Berne |

The outbreak of COVID-19 among the Bureau of Prisons’ facilities has been well-documented by now. The Director of the BOP recently announced that, of the few thousand inmates had been tested by the end of April, 70% tested positive for COVID-19. While Attorney General Barr has issued guidance urging the BOP to “maximize” its use of home confinement,… Read More »

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Lower Federal Sentences in 2019

By Steven P. Berne |

The First Step Act is becoming a reality. Essentially, the bill will allow thousands of people to earn an earlier release from prison and could cut many more prison sentences in the future. Here are the major provisions of the First Step Act: The bill will make retroactive the reforms enacted by the Fair… Read More »

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