Cohen & Hirsch Criminal Defense
Cohen & Hirsch Criminal Defense

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“If you want someone who is going to get stuff done, I highly recommend Cohen and Hirsch. Not only did I beat my case, I even got my record cleaned.”
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“Hired Matt Hirsch at a distance to take on a traffic case with a missed mandatory court appearance (or two). Even as the case dragged on longer than anticipated (not the fault in any way of the lawyer), and indeed went a couple rounds, Mr. Hirsch remained engaged, positive, and proactive. I firmly believe he and his firm resolved my case with the best outcome for me. Would recommend Cohen & Hirsch for cases of my type without reservation, and his working for me at a fairly great distance, without my ever appearing back in state, deserves particular note”
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“Matt was great. The day I called him he jumped right in and a week later charges were dropped! He’s my guy here on out. Not to mention he saved me 3k from the first firm I called.”
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“Matt was a great treasure! Always kept calm and let me be the same. Looking at his fb feed, I was convinced he’s the right person for me. Helped get through a difficult situation. His fees were also comparable to the others given the amount of personal attention he paid to the case. Never had the trouble of dealing with the paralegals(as we all know what happens). He was always available on text. Great experience!!”
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“I write to recommend Matt A. Hirsch, Esq. for those in need of legal representation and guidance. He is highly competent and experienced, conscientious, organized and responsive. Attorney Hirsch is someone you want in your corner if you need help.”
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The constitutionality of lethal injection in murder death penalty cases

Death sentence

It goes without saying that murder is a serious offense. Within this crime category, punishment varies, according to the Georgia Code, from punished by death, to imprisonment for life without parole, to imprisonment for life. For those who are sentenced to death, the Georgia Code provides for lethal injection as the means of carrying out the death penalty.

Constitutionality

Lethal injection as a form of execution has been upheld as constitutional under both the Eighth Amendment to the U.S. Constitution, and Art. 1, Sec. 1, Para. XVII of the Georgia Constitution, both of which prohibit cruel and unusual punishment, by a number of state court cases ( Dawson v. State (2001); Riley v. State (2004)), albeit without a great deal of legal analysis. The court in Dawson essentially praised lethal injection as society’s choice as the most compassionate method to take a life. These two cases, notwithstanding, lethal injection has been continually challenged as unconstitutional during the past decade, although so far without great success.

Confidentiality of source of lethal drugs

A recent legal challenge has arisen over the applicability and constitutionality of the lethal injection provision of the Georgia Code, which was amended in 2013 to provide that the source of lethal injection drugs was a “confidential state secret” not subject to disclosure. In that same year, in the case of Hill v. Owens, the plaintiff, convicted of murder, filed a motion in superior court for an injunction against his execution, claiming that the statute in question unconstitutionally denied his access to the courts to make his claim that lethal injection was cruel and unusual punishment. The court agreed and granted a stay of execution. The case was appealed to the state Supreme Court.

The Supreme Court, in 2014, reversed the decision of the superior court, ruling that the confidentiality statute did not deny the plaintiff’s right to access to the courts or due process, stating that the inmate’s lack of success, having had full consideration of his case by the trial court and then by the Supreme Court on appeal, stemmed not from any lack of access to the courts or to due process but, instead, simply from the fact that he failed to show that obtaining the requested information would allow him to make a viable claim. The Supreme Court also denied the inmates Eighth Amendment claim; the inmate failed to prove that knowing who manufactured his lethal-injection drugs would meet the standard required, that is, show a “substantial risk of serious harm.”

Despite these setbacks, the case has yet to be appealed to the U.S. Supreme Court. Although the court has upheld the use of lethal injection, it has yet to deal with this specific issue, the confidentiality of the source of the drugs used in such an execution.

Conclusion

If you ever find yourself accused of murder, you should immediately contact an experienced criminal defense attorney, who will investigate the facts of your situation and provide you the best defense possible.

Lead Counsel Rated
Georgia Association of Criminal Defense Lawyers Member 2014
DeKalb Bar Association
State Bar of Georgia
Avvo Ten Point Oh Rating, Top Attorney Criminal Defense
Better Business Bureau Accredited Business, A Plus Rating
Rated By Super Lawyers Matt A. Hirsch