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Criminal Procedure And Criminal Law: Virginia Supreme Court Decisions During The 70'S, Michael J. Barbour, Thomas E. Carr, Sarah H. Finley, Jeannie L. Pilant
Criminal Procedure And Criminal Law: Virginia Supreme Court Decisions During The 70'S, Michael J. Barbour, Thomas E. Carr, Sarah H. Finley, Jeannie L. Pilant
University of Richmond Law Review
The purpose of this note is to examine the decisions of the Virginia Supreme Court during the period between 1970-1980 in the area of criminal procedure and substantive criminal law. Legislative changes will not be dealt with in depth except as they have affected these decisions. Because of space constraints, a complete review of all areas is impossible; therefore, review has been limited to those issues most likely to be of interest to the practicing attorney. The discussion will also attempt to establish the position of the Virginia Supreme Court on these matters in relation to the United States Supreme …
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
University of Richmond Law Review
In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …