CRIMES AND OFFENSES, CRIMINAL PROCEDURE Crimes Against the Person, Sentence and Punishment: Amend Section 1 of Article 1 of Chapter 5 of Title 16, and Chapter 10 of Title 17 of the Official Code of Georgia Annotated, Relating to Murder and Felony Murder and Sentencing and Punishment, Respectively, so as to Provide for the Imposition of Life Without Parole of Persons Convicted of Murder Independently of a Death Penalty Prosecution; Provide That the Sentence of Life Without Parole May be Imposed Without the Necessity of the Trier of Facts Making a Recommendation of Such Sentence or Finding Statutory Aggravating Circumstances; Change Certain Provisions Relating to Punishment for Serious Violent Offenders; Repeal Certain Provisions Relating to Imprisonment for Life Without Parole and Finding Statutory Aggravating Circumstances; Provide for Certain Information to Be Reported to the Court Under Certain Circumstances; Repeal Provisions Relating to Duties of the Judge and Certain Jury Instructions; Repeal Provisions Relating to Sentencing of Person Subject to Death Penalty or Life Without Parole Upon a Plea of Guilty and the Duties of the Judge; Provide for Related Matters; Provide an Effective Date; Provide for Applicability; Repeal Conflicting Laws; and for Other Purposes.

Authors

Don BrownFollow
Dmitri EpsteinFollow

Document Type

Peach Sheet

Abstract

The Act provides for the imposition of life without parole for persons convicted of murder independent of a death penalty prosecution. The Act provides that the sentence of life without parole may be imposed without the necessity of the trier of fact making a recommendation of such sentence or finding statutory aggravating circumstances. The Act provides jury instructions as to the definitions of “life imprisonment” and “life without parole.” The Act amends existing law relating to prehearing sentences in felony cases. The Act repeals all conflicting laws.

Recommended Citation

Don Brown & Dmitri Epstein, CRIMES AND OFFENSES, CRIMINAL PROCEDURE Crimes Against the Person, Sentence and Punishment: Amend Section 1 of Article 1 of Chapter 5 of Title 16, and Chapter 10 of Title 17 of the Official Code of Georgia Annotated, Relating to Murder and Felony Murder and Sentencing and Punishment, Respectively, so as to Provide for the Imposition of Life Without Parole of Persons Convicted of Murder Independently of a Death Penalty Prosecution; Provide That the Sentence of Life Without Parole May be Imposed Without the Necessity of the Trier of Facts Making a Recommendation of Such Sentence or Finding Statutory Aggravating Circumstances; Change Certain Provisions Relating to Punishment for Serious Violent Offenders; Repeal Certain Provisions Relating to Imprisonment for Life Without Parole and Finding Statutory Aggravating Circumstances; Provide for Certain Information to Be Reported to the Court Under Certain Circumstances; Repeal Provisions Relating to Duties of the Judge and Certain Jury Instructions; Repeal Provisions Relating to Sentencing of Person Subject to Death Penalty or Life Without Parole Upon a Plea of Guilty and the Duties of the Judge; Provide for Related Matters; Provide an Effective Date; Provide for Applicability; Repeal Conflicting Laws; and for Other Purposes., 26 Ga. St. U. L. Rev. (2009).
Available at: https://readingroom.law.gsu.edu/gsulr/vol26/iss1/3