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Full-Text Articles in Law

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 ...


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


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.


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.


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.