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Criminal Procedure

2021

University of Richmond Law Review

Articles 1 - 4 of 4

Full-Text Articles in Law

Foreword, Joseph Giarratano Nov 2021

Foreword, Joseph Giarratano

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Brittany A. Dunn-Pirio, Timothy J. Huffstutter, Mason D. Williams Nov 2021

Criminal Law And Procedure, Brittany A. Dunn-Pirio, Timothy J. Huffstutter, Mason D. Williams

University of Richmond Law Review

This Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant published appellate decisions and legislation.


Disrupting Death: How Specialized Capital Defenders Ground Virginia’S Machinery Of Death To A Halt, Corinna Barrett Lain, Douglas A. Ramseur Nov 2021

Disrupting Death: How Specialized Capital Defenders Ground Virginia’S Machinery Of Death To A Halt, Corinna Barrett Lain, Douglas A. Ramseur

University of Richmond Law Review

Virginia’s repeal of capital punishment in 2021 is arguably the most momentous abolitionist event since 1972, when the United States Supreme Court invalidated capital punishment statutes nationwide. In part, Virginia’s repeal is momentous because it marks the first time a Southern state abolished the death penalty. In part, it is momentous because even among Southern states, Virginia was exceptional in its zeal for capital punishment. No state executed faster once a death sentence was handed down. And no state was more successful in defending death sentences, allowing Virginia to convert death sentences into executions at a higher rate than any …


The Bivens "Special Factors" And Qualified Immunity: Duplicative Barriers To The Vindication Of Constitutional Rights, Amelia G. Collins Jan 2021

The Bivens "Special Factors" And Qualified Immunity: Duplicative Barriers To The Vindication Of Constitutional Rights, Amelia G. Collins

University of Richmond Law Review

Part I of this note traces the history of the Bivens cause of action and analyzes the original “special factors” that concerned the Supreme Court. Part I also outlines the purpose behind implying a Bivens cause of action for plaintiffs bringing constitutional claims. Part II includes the same analysis of the qualified immunity defense, both to its history and purpose. Part III demonstrates how the Supreme Court has incorporated the concerns addressed by qualified immunity into the “special factors” analysis, rather than acknowledging the mitigating nature of immunity defenses when examining if any “special factors” exist. Finally, Part IV argues …