Georgia Law and DUI Articles

  

Phillip Howard on Criminal Justice reform - wait - what

Thursday, May 01, 2014

Phillip K. Howard noted commentator on Civil Justice reform gave a TED Talk on the topic: Is the Law making us less free?  While his reforms are aimed at civil justice reform, they may be more appropriate for criminal justice reform.  He suggests giving Judges who feel trapped by the law the ability to use their discretion to interprete and apply the law. This rings true in the criminal law as Judges are hamstrung by mandatory minimum Jail, Probation and collateral consequence sentencing requirements to punish offenders perhaps more than they deserve. Thus they create a framework of legal gotchas as opposed to meting out justice.

We have to trust Judges to mete out justice with moral responsibility and ethically. If we don't trust the judge then who do we trust? The Legislator who votes for a bill he or she does not even read because they don't want to be seen as soft on crime in the next election cycle? Shouldn't a judge be able to decide if some will get points on their drivers license or a license suspension for a speeding ticket even though they don't fit neatly in some sentencing grid? Shouldn't a judge be able to decide if a defendant goes to jail or does community service for a DUI in the Defendant's back pasture as opposed to on a major freeway with kids in the car. Or even what Defendants should have a criminal record of either their arrest or conviction or both?  Right now if you are arrested and finger printed - gotcha - you have a Georgia criminal arrest record.  If you get a Georgia traffic ticket for a moving violation - gotcha - you have points on your license.  If you get a Georgia DUI - gotcha - you get a drivers license suspension regardless of the circumstances.  Shouldn't these types of decisions be up to the Judge and not some governement agency? In the next legislative session in Georgia, why don't we try getting rid of some laws and give some discretion back to Judges that we elect?

-Author: George Creal



Tags

 

Archive






                                                           


    George C. Creal, Jr. is a trial lawyer with 18 years of courtroom experience. He is one of only 6 Metro DUI lawyers with both an AV Preeminent rating from Martindale.com and a 10.0/10.0 Superb rating on Avvo.com.  With over 100 not guilty jury verdicts under his belt, George knows how to convince a jury that the State has not proven his client guilty of DUI beyond a reasonable doubt.
    George Creal Attorney Profile










    The National Trial Lawyers

     

    READ SUCCESS STORIES ON FACEBOOK FAN PAGE BELOW

       

     

    No legal advice should be obtained from the web site alone. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI arrests occurring in the State of Georgia. Individuals with DUI from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2014 George C. Creal, Jr. P.C.
    Protected by Copyscape Online Plagiarism Checker


     | DUI Alpharetta   |   DUI Athens   |   DUI Atlanta   | DUI Bibb County   


       DUI Conyers    |     DUI Coweta County   |   DUI Decatur   |   DUI DeKalb County 

     DUI Doraville   |   DUI Douglas   |   DUI Douglasville   |   DUI Duluth 







    Atlanta Office Address: 480 John Wesley Dobbs Ave.,  N.E., Unit 190, Atlanta, GA 30312 | Phone: (404) 491-8712

    In the words of Mark Twain, "Continuous Improvement is better than delayed perfection." If you find errors or deadlinks please email us at firm@georgialawyer.com, we strive to do better.