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Criminal Law Commons

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Full-Text Articles in Criminal Law

Due Process Implications Of Prison Transfers, Eugene Murphy Jan 1982

Due Process Implications Of Prison Transfers, Eugene Murphy

University of Richmond Law Review

One of the several anomalies of prison life is the disparate protection afforded inmates transferred to higher security. Although both punitive and administrative transfers often place the inmate in the same building under almost identical conditions, only disciplinary transfers are generally conceded to give rise to due process protection. The inmate confined in isolation for fifteen days as punishment for misconduct is guaranteed a hearing with advance written notice and the rights to present testimony and receive a written decision. On the other hand, the prisoner confined indefinitely in segregation for supposed administrative reasons has such due process rights only …


Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow Jan 1982

Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow

University of Richmond Law Review

The prison population in the United States is experiencing a period of tremendous growth. Due to the inability of prison construction to keep pace with this growth, prison facilities throughout the country have become severely overcrowded. "The typical prison of the last third of the twentieth century has changed relatively little from the institutions of 150 years earlier." Inmates, forced to live under these conditions, have flocked to the courts seeking relief. Yet, until its 1981 decision in Rhodes v. Chapman, the United States Supreme Court had never reviewed a case in which particular prison conditions were challenged as constituting …


Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie Jan 1982

Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie

University of Richmond Law Review

Society's traditional approach to women offenders has been focused on "women as prisoners and not.., prisoners as women." Harsh implications for female offenders who are mothers can result from the view that incarceration not only curtails the prisoner's freedom of movement but also terminates many of the individual's civil rights as well. In reality, these women are doubly penalized with a prison sentence as well as temporary or permanent loss of their parental rights. Modern courts are beginning to recognize that "[a] prisoner retains all of the rights of an ordinary citizen except those expressly, or by necessary implication, taken …


The Insanity Defense In Virginia: An Evaluation, Steven D. Gravely Jan 1982

The Insanity Defense In Virginia: An Evaluation, Steven D. Gravely

University of Richmond Law Review

On March 30, 1981, John W. Hinckley, Jr. attempted to assassinate Ronald Reagan, the thirty-ninth President of the United States. More than fifteen months after his arraignment Hinckley was found "not guilty by reason of insanity" to each of the thirteen counts with which he was charged. Hinckley's successful use of the insanity defense has rekindled a debate that has raged for centuries concerning the rationality and propriety of the insanity defense. The controversy stems not only from the fact that the insanity defense is seldom used except in grievous felonies, specifically homicide, or spectacular crimes such as Hinckley's, but …