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Full-Text Articles in Law

Incorporating Collateral Consequences Into Criminal Procedure, Paul T. Crane Jan 2019

Incorporating Collateral Consequences Into Criminal Procedure, Paul T. Crane

Law Faculty Publications

A curious relationship currently exists between collateral consequences and criminal procedures. It is now widely accepted that collateral consequences are an integral component of the American criminal justice system. Such consequences shape the contours of many criminal cases, influencing what charges are brought by the government, the content of plea negotiations, the sentences imposed by trial judges, and the impact of criminal convictions on defendants. Yet, when it comes to the allocation of criminal procedures, collateral consequences continue to be treated as if they are external to the criminal justice process. Specifically, a conviction’s collateral consequences, no matter how ...


Punishing Risk, Erin Collins Jan 2018

Punishing Risk, Erin Collins

Law Faculty Publications

Actuarial recidivism risk assessments-statistical predictions of the likelihood of future criminal behavior-drive a number of core criminal justice decisions, including where to police, whom to release on bail, and how to manage correctional institutions. Recently, this predictive approach to criminal justice entered a new arena: sentencing. Actuarial sentencing has quickly gained a number of prominent supporters and is being implemented across the country. This enthusiasm is understandable. Its proponents promise that actuarial data will refine sentencing decisions, increase rehabilitation, and reduce reliance on incarceration.

Yet, in the rush to embrace actuarial sentencing, scholars and policy makers have overlooked a crucial ...


Status Courts, Erin R. Collins Jan 2017

Status Courts, Erin R. Collins

Law Faculty Publications

This Article identifies and analyzes a new type of specialized "problemsolving" court: status courts. Status courts are criminal or quasicriminal courts dedicated to defendants who are members of particular status groups, such as veterans or girls. They differ from other problemsolving courts, such as drug or domestic violence courts, in that nothing about the status court offender or the offense he or she committed presents a systemic "problem" to be "solved." In fact, status courts aim to honor the offender's experience and strengthen the offender's association with the characteristic used to sort him or her into court.

This ...


The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams Jan 2017

The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams

Law Student Publications

George Orwell's dystopia, with the ever-watchful Big Brother, has seemingly become a reality with the recently passed amendments to Rule 41 of the Federal Rules of Criminal Procedure. Rule 41, governing searches and seizures, now permits magistrate judges to authorize agents- under a single warrant- to "remotely access," and simultaneously search, copy and seize information from an infinite number of unknown electronic devices in multiple districts anywhere in the country. The unlimited jurisdiction provision is triggered when a device's location is obscured through "technological means," or if agents are investigating computer crimes in five or more districts- regardless ...


Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law‘S Need To Evolve, Justin Hill Jan 2017

Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law‘S Need To Evolve, Justin Hill

Law Student Publications

This comment explores how broader shifts in Fourth Amendment doctrine may affect the government's collection of Cell Site Location Information (CSLI) moving forward. It consists of three parts. Part I examines the technological underpinnings of cellular networks. The issue is frequently litigated, but few in the legal community have a real grasp on the technology. A nuanced understanding of the technology is crucial when examining the accuracy of CSLI or how the third-party doctrine ought to apply. This comment consolidates and simplifies the technical workings of cellular networks to enable better and more informed answers. Last, drawing on this ...


Criminal Law And Procedure, Aaron J. Campbell Nov 2016

Criminal Law And Procedure, Aaron J. Campbell

Law Student Publications

This article surveys recent decisions of Virginia appellate courts in the field of criminal law and procedure. The article also outlines some of the most significant changes to criminal law and procedure enacted by the 2016 Virginia General Assembly.


Humane Proposals For Swift And Painless Death, Bryce Buchmann Mar 2016

Humane Proposals For Swift And Painless Death, Bryce Buchmann

Law Student Publications

This comment will provide reasons why lethal injection is not the appropriate method of execution in the United States, discuss factors that should be considered in selecting a method of execution and conclude that several alternative methods of punishment are preferable to lethal injection. Part I of this comment will detail the history of lethal injection in the United States and the issues associated with the practice. Part II examines how the government determines which method of execution is appropriate. Finally, Part III provides proposals for more humane punishment and concludes the comment.


Virginia Practice Series: Criminal Procedure, Ronald J. Bacigal Jan 2016

Virginia Practice Series: Criminal Procedure, Ronald J. Bacigal

Law Faculty Publications

Criminal Procedure provides a comprehensive and concise summary of Virginia criminal procedure, taking you step by step through the state's criminal process, from stop-and-frisk and arrest through pretrial motions, discovery, trial, sentencing, and appeal. This publication offers guidance to both new and experienced criminal law practitioners, and analyzes the issues and rules concerning: The defendant's rights under both the U.S. and Virginia constitutions; arrest, search, and seizure; confessions, identification procedures, right to counsel, and self-incrimination; electronic eavesdropping, application of the exclusionary rule, and other evidentiary issues; pretrial motions, trial practice, sentencing, and judicial review; as well as ...


The Criminalization Of Title Ix, Erin R. Collins Jan 2016

The Criminalization Of Title Ix, Erin R. Collins

Law Faculty Publications

This essay proceeds in three parts. Part I provides a brief overview of the history of feminist-influenced criminal rape law reform and the rise of carceral feminism. Part II demonstrates how key tenets of the criminal law approach have been imported into emerging Title IX policies. Part III engages in a brief distributional analysis to identify who benefits and who loses from this approach. Then, drawing on insights from critical feminist critiques of rape law reform, begins to identify ways to use the opportunity Title IX presents to craft a very different kind of response to sexual assault--one that focuses ...


Charging On The Margin, Paul T. Crane Jan 2016

Charging On The Margin, Paul T. Crane

Law Faculty Publications

The American criminal justice system has experienced a significant expansion in the number and severity of penalties triggered by misdemeanor convictions. In particular, legislatures have increasingly attached severe collateral consequences to misdemeanor offenses- penalties such as requirements to register as a sex offender, prohibitions on owning or possessing a firearm, and deportation. Although there is a wealth of scholarship studying the effect this development has on defendants and their attorneys, little attention has been paid to the impact collateral consequences have on prosecutorial incentives. This Article starts to remedy that gap by exploring the influence that collateral consequences exert on ...


Death Row, Calls For Indifference, And Redemption Of The Soul, Corinna Barrett Lain Jan 2016

Death Row, Calls For Indifference, And Redemption Of The Soul, Corinna Barrett Lain

Law Faculty Publications

In this Response, I first engage with McLeod’s article, summarizing its key claims and endorsing its call for legislative action, while disagreeing at times with the analytical moves it makes along the way. I then turn to two questions that the article inspired. One stems from comments in the constitutional, academic, and public discourse calling for indifference to the way we treat the condemned in light of the way they treated their victims. Given the depravity of the crimes the condemned have committed, why should we care about the conditions under which they are housed on death row? The ...


Virginia Practice Series: Jury Instructions, Ronald J. Bacigal, Margaret Ivey Bacigal Jan 2016

Virginia Practice Series: Jury Instructions, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

Virginia Practice Series-Jury Instructions is a continuation and update of previous editions, which won widespread approval among the bench and bar for almost 40 years.

As in the past, this book is primarily confined to the most common areas of jury trial work, torts and criminal law. Where possible, the language of the instructions is taken directly from reported cases or case records. Where this is not possible, we have set out instructions that should meet both the general rules regarding the form of instructions and the specific substantive legal rules. In the latter cases, close attention has been paid ...


The Twilight Zone: Perspectives From A Man On Death Row, Leah Stiegler Jan 2015

The Twilight Zone: Perspectives From A Man On Death Row, Leah Stiegler

Law Student Publications

This interview was conducted through a series of written correspondences between Gerald Dean Cruz and Leah Stiegler, the Allen Chair Editor for Volume 49 of the University of Richmond Law Review. This exchange was reproduced, in excerpts, for the sole purpose of giving readers a rare glimpse into the perspective of a death row inmate.


A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth Jan 2015

A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth

Law Student Publications

Since the founding of Jamestown Colony in 1607, few topics in American life and culture have generated as much controversy, both in terms of persistence and volatility, as the death penalty. Foreign policy, economic recessions, and social movements come to the forefront of national discussion in their own respective ebbs and flows. Capital punishment, however, has been a staple of the American criminal justice system since the early inhabiting of the continent, and has remained a permanent vehicle through which we can enact retribution on the most heinous criminal offenders in our society, ridding ourselves of the worst among us.


Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass Jan 2015

Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass

Law Faculty Publications

Virginia now averages less than a single death sentence each year, a far cry from its not-too-distant history as the second most active death penalty state in the nation. The numbers alone tempt us to forecast the death of Virginia's death penalty: a death by disuse. But those numbers leave much of the story untold. The plummeting number of death sentences is only the diminishing tip of a larger, more stable iceberg of capital case litigation. That iceberg is melting very slowly, if at all.


The Politics Of Botched Executions, Corinna Barrett Lain Jan 2015

The Politics Of Botched Executions, Corinna Barrett Lain

Law Faculty Publications

In this symposium essay, I explore the politics of botched executions, discussing state responses to the latest round of executions gone wrong and the ways in which those responses matter. Part I recounts four botched executions in 2014 and the state responses that accompanied them. Part II makes three observations about those responses-one about states' fealty to the death penalty, one about backlash politics and the scope of the public relations problem, and one about the changing cultural construct of lethal injection in the United States. Part III explores how state responses to botched executions (or the lack thereof) might ...


Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid Jan 2015

Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid

Law Student Publications

This comment argues that, starting with the framework of the federal system, there is a way to reconcile modern concerns about the death penalty with society's need for leverage over those criminals who truly are the worst of the worst-those who present grave threats to society even after incarceration. This reconciliation can be achieved by amending the Federal Death Penalty Act to require prosecutors to establish one additional element before they can secure a capital conviction: future dangerousness of the defendant in prison..


Restorative Justice For Multinational Corporations, Andrew B. Spalding Jan 2015

Restorative Justice For Multinational Corporations, Andrew B. Spalding

Law Faculty Publications

Deterrence theory, rooted in the methodology of law and economics, continues to dominate both the theory and practice of white-collar crime. By manipulating the disincentives of prospective wrongdoers, deterrence aims to efficiently reduce crime and maximize taxpayers’ utility. However, the rise of international commerce presents a challenge it cannot meet. Using a combination of empirical evidence and quantitative modeling, this Article shows that deterrence will tend to increase, rather than decrease, net levels of corporate crime in developing countries. The ever-increasing power of multinational corporations thus calls for a new theory of punishment, one that uses criminal enforcement to address ...


A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao, Iii Jan 2015

A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao, Iii

Law Student Publications

This comment recommends that Virginia cease its use of lethal injection because of its high botch rates and growing impracticability due to drug shortages. Instead, the Commonwealth should use the firing squad as a more effective means of execution, thereby leading the nation in a transition towards a more efficient and reliable method.


Virginia Practice Series: Criminal Offenses And Defenses, Ronald J. Bacigal Jan 2014

Virginia Practice Series: Criminal Offenses And Defenses, Ronald J. Bacigal

Law Faculty Publications

In this 2014-2015 edition, the statutory law is covered through the 2014 Session of the General Assembly. Decisions of the United States Supreme Court are included from the 2014-2015 term. Decisions of the U.S. Court of Appeals and the District Courts in Virginia are issued through August 1, 2014.


Grave Injustice: Unearthing Wrongful Executions, Mary Kelly Tate Aug 2013

Grave Injustice: Unearthing Wrongful Executions, Mary Kelly Tate

Law Faculty Publications

This book review discusses Richard A. Stack's book, Grave Injustice, which illustrates the flaws in America's use of capital punishment. "Simply put, the death penalty is shown to be a massive policy failure diminishing the legitimacy of the criminal justice system in the world's leading democracy. Stack uses his reportorial skills to distill the complex subject of the American death penalty into a digestible form, yet he never cuts corners with the human dimension. This dimension is always at the center of crime and punishment and, most hauntingly, at the center of the American death penalty and ...


Death Penalty Drugs: A Prescription That's Getting Harder To Fill, Corinna Barrett Lain Jul 2013

Death Penalty Drugs: A Prescription That's Getting Harder To Fill, Corinna Barrett Lain

Law Faculty Publications

Six states have abolished the death penalty in the past six years—Illinois, New York, New Jersey, Connecticut, Maryland, and New Mexico. We haven’t seen mass moves like that since the 1960s. What gives?

Part of the answer is that those states weren’t executing anyway. More people in those states were dying on death row waiting to be executed than were actually being executed, and the death penalty is breathtakingly expensive to maintain (a point to which I’ll return in a moment).

So why weren’t the states executing? We tend to hear about innocence claims, trench ...


Watching The Watchers, Ronald J. Bacigal Jan 2013

Watching The Watchers, Ronald J. Bacigal

Law Faculty Publications

This article focuses on the threat that increasingly sophisticated technology can pose to individual privacy. However, the author would like to provide the “yin to the yang” and point out the obvious: technology itself is not the culprit, because it is a double-edged sword, a tool that can be used to protect as well as invade privacy. We need not endorse the single-minded approach of WikiLeaks to recognize the benefits that occur when technology discloses government cover-ups or simply provides accurate information where none previously existed.


The Virtues Of Thinking Small, Corinna Barrett Lain Jan 2013

The Virtues Of Thinking Small, Corinna Barrett Lain

Law Faculty Publications

Professor Lain argues that, in efforts to determine how close American states are to abolishing the death penalty, scholars should "think small," examining the ground level issues that affect its imposition. Among the issues she explores are exonerations of defendants, the legality and obtainability of lethal injection drugs, and the high costs of seeking and imposing capital punishment.


Trial Of Capital Murder Cases In Virginia, 5th Edition, Ronald J. Bacigal Jan 2013

Trial Of Capital Murder Cases In Virginia, 5th Edition, Ronald J. Bacigal

Law Faculty Publications

This essential resource is intended as a guide for attorneys and as a source of information for judges who are involved with capital cases in Virginia, which is a form of litigation to which many issues are unique. It includes several tables of relevant cases arranged by different groupings: by defendant’s surname followed by full reported citations, by degree of aggravation and mitigation, by aggravator, and under the section of the Virginia Code offended. There is also a section discussing ineffective assistance of counsel issues. If you handle criminal cases in Virginia where capital punishment is even a possibility ...


Virginia Practice Series: Criminal Offenses And Defenses, 14th Edition, Ronald J. Bacigal Jan 2013

Virginia Practice Series: Criminal Offenses And Defenses, 14th Edition, Ronald J. Bacigal

Law Faculty Publications

In Criminal Offenses and Defenses in Virginia, a recognized authority on Virginia criminal law provides a comprehensive guide to criminal offenses and defenses in Virginia. The author:

  • Guides you through the substantive elements of each criminal offense and defense
  • Discusses how to charge and/or prove cases that fall at the definitional margins
  • Explains conceptual relationships among offenses (e.g., malicious wounding and attempted murder) and defenses (e.g., self-defense and misadventure) to help you better understand and argue against an opposing position

Topics covered include:

  • Abortion
  • Alcohol offenses, intoxication, and drunk driving
  • Computer and credit card crimes
  • Conspiracy and ...


Virginia Practice Series: Criminal Procedure, 5th Edition, Ronald J. Bacigal Jan 2013

Virginia Practice Series: Criminal Procedure, 5th Edition, Ronald J. Bacigal

Law Faculty Publications

Criminal Procedure provides a comprehensive and concise summary of Virginia criminal procedure, taking you step by step through the state's criminal process, from stop-and-frisk and arrest through pretrial motions, discovery, trial, sentencing, and appeal. This publication offers guidance to both new and experienced criminal law practitioners, and analyzes the issues and rules concerning:

  • The defendant's rights under both the U.S. and Virginia constitutions
  • Arrest, search, and seizure
  • Confessions, identification procedures, right to counsel, and self-incrimination
  • Electronic eavesdropping, application of the exclusionary rule, and other evidentiary issues
  • Pretrial motions, trial practice, sentencing, and judicial review


Virginia Practice Series: Jury Instructions, Volume 4, Ronald J. Bacigal, Margaret Ivey Bacigal Jan 2013

Virginia Practice Series: Jury Instructions, Volume 4, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

Jury Instructions is confined to the most common areas of jury trial work – torts and criminal law. Where possible, the language of the instructions is taken directly from reported cases or case reports. Nearly every instruction is followed by commentary that sets forth the legal authority underlying the instruction and, in some cases, an extensive discussion of the law.


Virginia Practice Series: Criminal Procedure Forms, 14th Edition, Ronald J. Bacigal Jan 2012

Virginia Practice Series: Criminal Procedure Forms, 14th Edition, Ronald J. Bacigal

Law Faculty Publications

Including forms suggested by practicing Virginia prosecutors and defense attorneys,Criminal Procedure Forms gives you the benefit of their years of experience. It also provides a number of official state forms used by circuit and district judges and magistrates. This companion to Criminal Procedure follows the outline of that work and includes forms for topics such as:

• Arrest

• Search and seizure

• Confession

• Identification

• Pretrial

• Trial

• Sentencing

• Judicial review


A Brave New World Of Stop And Frisk, Ronald J. Bacigal Oct 2011

A Brave New World Of Stop And Frisk, Ronald J. Bacigal

Law Faculty Publications

In this article, the author Ron Bacigal discusses the editorials, The Shame of New York by Bob Herbert and Fighting Crime Where the Criminals Are by Heather MacDonald. These editorials were prompted by the New York City Police Department's release of figures regarding "stop and frisk" incidents within New York City.' MacDonald and Herbert reacted to the same statistical report by putting two very different spins on the raw data. While it's always helpful to compile empirical evidence, Bacigal suggests that we also need to look beyond the mere numbers. If you put aside anecdotal versions of encounters ...