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Criminal Procedure

1996

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Articles 31 - 60 of 99

Full-Text Articles in Law

Fry V. Commonwealth 250 Va. 413, 463 S.E.2d 433 (1995) Supreme Court Of Virginia Mar 1996

Fry V. Commonwealth 250 Va. 413, 463 S.E.2d 433 (1995) Supreme Court Of Virginia

Capital Defense Journal

No abstract provided.


Litigating Jury Issues In Capital Trials: Constitutional Law And Virginia Procedures, Paula Dyan Effle Mar 1996

Litigating Jury Issues In Capital Trials: Constitutional Law And Virginia Procedures, Paula Dyan Effle

Capital Defense Journal

No abstract provided.


Maximizing Your Potential: The Effective Use Of Co-Counsel In A Capital Case, Courtney S. Townes Mar 1996

Maximizing Your Potential: The Effective Use Of Co-Counsel In A Capital Case, Courtney S. Townes

Capital Defense Journal

No abstract provided.


Taking The Offensive: Proactive Use Of The Rules Of Evidence, Angela Dale Fields Mar 1996

Taking The Offensive: Proactive Use Of The Rules Of Evidence, Angela Dale Fields

Capital Defense Journal

No abstract provided.


Challenging The Future Dangerousness Aggravating Factor, Michael H. Spencer Mar 1996

Challenging The Future Dangerousness Aggravating Factor, Michael H. Spencer

Capital Defense Journal

No abstract provided.


What To Do When You're Ambushed By Undisclosed Evidence Of Unadjudicated Acts To Show Future Dangerousness, Douglas S. Collica Mar 1996

What To Do When You're Ambushed By Undisclosed Evidence Of Unadjudicated Acts To Show Future Dangerousness, Douglas S. Collica

Capital Defense Journal

No abstract provided.


Daubert And The Use Of Experts In Virginia Capital Cases, J. Conrad Garcia Mar 1996

Daubert And The Use Of Experts In Virginia Capital Cases, J. Conrad Garcia

Capital Defense Journal

No abstract provided.


Dna Evidence In Virginia, Steven M. Johnson Mar 1996

Dna Evidence In Virginia, Steven M. Johnson

Capital Defense Journal

No abstract provided.


Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman Mar 1996

Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman

All Faculty Scholarship

(Adapted by permission from 84 Ky. L. J. 107 (1995)) This article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessiveness regarding prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportional to the crime punished. In analyzing all of the modern holdings of the Court in this area, one finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing ...


Why The Murrah Building Bombing Almost Wasn't A Capital Offense, Randall Coyne Feb 1996

Why The Murrah Building Bombing Almost Wasn't A Capital Offense, Randall Coyne

Randall Coyne

No abstract provided.


A Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E.B. Myers Jan 1996

A Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


Three Strikes, You're Out: Two Years Later, Department Of Corrections Jan 1996

Three Strikes, You're Out: Two Years Later, Department Of Corrections

California Agencies

No abstract provided.


The Conundrum Of Corporate Liability: Seeking A Consistent Approach To The Constitutional Rights Of Corporations In Criminal Prosecutions, Peter J. Henning Jan 1996

The Conundrum Of Corporate Liability: Seeking A Consistent Approach To The Constitutional Rights Of Corporations In Criminal Prosecutions, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager Jan 1996

Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager

Faculty Scholarship

No abstract provided.


Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurule Jan 1996

Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurule

Journal Articles

A preview of Melendez v. United States, a 1996 Supreme Court case in which a convicted cocaine dealer appealed his mandatory 10 year sentence under the federal statutes on the grounds that he had cooperated with the prosecutor. While the United States Congress has authorized courts to impose sentences below the mandatory minimum set by the statutes and the Federal Sentencing Guidelines for defendants who provide substantial cooperation with the prosecution, courts can only do so at the request of the prosecutor. At issue in this case, where the prosecutor requested a sentence lower than the Guidelines minimum but not ...


The Double Jeopardy Dilemma: Does Criminal Prosecution And Civil Forfeiture In Separate Proceedings Violate The Double Jeopardy Clause?, Jimmy Gurule Jan 1996

The Double Jeopardy Dilemma: Does Criminal Prosecution And Civil Forfeiture In Separate Proceedings Violate The Double Jeopardy Clause?, Jimmy Gurule

Journal Articles

A preview of two 1996 Supreme Court cases. In the first case, US v. Ursery, a convicted narcotics dealer filed a motion to dismiss his criminal sentence on the grounds that it had violated the double jeopardy clause because he had already received a civil forfeiture judgment for the same crime. The second case, US v. $405,089.23, involves a similar situation, with a convicted felon filing a motion to dismiss his civil forfeiture case on the grounds that he had received a criminal sentence for the same crime earlier. The article argues that the two cases are significant ...


Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii Jan 1996

Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles ...


Instructing Illinois Juries On The Definition Of “Reasonable Doubt”: The Need For Reform, 27 Loy. U. Chi. L.J. 921 (1996), Timothy P. O'Neill Jan 1996

Instructing Illinois Juries On The Definition Of “Reasonable Doubt”: The Need For Reform, 27 Loy. U. Chi. L.J. 921 (1996), Timothy P. O'Neill

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


Shaking The Foundation Of Gideon: A Critique Of Nichols In Overruling Baldasar V. Illinois, 25 Hofstra L. Rev. 507 (1996), Ralph Ruebner, Jennifer Berner, Anne Herbert Jan 1996

Shaking The Foundation Of Gideon: A Critique Of Nichols In Overruling Baldasar V. Illinois, 25 Hofstra L. Rev. 507 (1996), Ralph Ruebner, Jennifer Berner, Anne Herbert

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


University Of Richmond Law Review Jan 1996

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer Jan 1996

Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer

University of Richmond Law Review

This article discusses recent Virginia cases and legislative developments in the area of criminal law and procedure. The article discusses cases from April of 1995 to July of 1996 and legislative changes effective July 1, 1996. This article does not discuss federal developments. Nor does the article discuss death penalty issues, as that area of the law is sufficiently particularized that, for purposes of manageability, it falls outside the scope of this discussion.


Some Thoughts On Bifurcated Sentencing In Non-Capital Felony Cases In Virginia, Thomas D. Horne Jan 1996

Some Thoughts On Bifurcated Sentencing In Non-Capital Felony Cases In Virginia, Thomas D. Horne

University of Richmond Law Review

The punishment stage of a jury trial poses a difficult test for the conflicting attitudes and opinions of individual jurors. In the search for a mature, well-reasoned, and educated verdict, an understanding of the sentencing process by those controlling the flow of information is the best insurance against decisions which spring from passion, prejudice, and personal bias. Given recent legislative changes affecting sentencing in non-capital felony cases, such an understanding is not susceptible to hornbook solutions. This paper will attempt to put those changes in the context of existing sentencing practices and of related evidentiary issues. It is hoped that ...


The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild Jan 1996

The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild

The John Marshall Law Review

No abstract provided.


The Color Of Money, Paul F. Campos Jan 1996

The Color Of Money, Paul F. Campos

Articles

No abstract provided.


Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller Jan 1996

Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller

Articles

No abstract provided.


Fact-Bargaining: An American Phenomenon, William T. Pizzi Jan 1996

Fact-Bargaining: An American Phenomenon, William T. Pizzi

Articles

No abstract provided.


Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi Jan 1996

Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi

Articles

No abstract provided.


Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi Jan 1996

Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi

Articles

No abstract provided.


That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson Jan 1996

That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson

Articles

No abstract provided.


Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke Jan 1996

Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke

University of Richmond Law Review

The following is part two of a two-part article that critiques death penalty habeas corpus. Partone of this article included discussionsof the ineffective assistanceof counsel and the federal habeas corpus exhaustion requirement. 29 U. RICH. L. REV. 1327 (1995). Part two of this article,which follows, discusses issues related to retroactivity in habeas corpus proceedings and procedural default.