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Articles 1 - 28 of 28
Full-Text Articles in Evidence
A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan
A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan
University of Richmond Law Review
No abstract provided.
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
University of Richmond Law Review
This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton
University of Richmond Law Review
No abstract provided.
The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins
The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins
University of Richmond Law Review
In this essay, I contend that when evaluating the constitutionality of enhanced surveillance devices, the existing test for assessing the occurrence of a Fourth Amendment search should be modified. Specifically, I suggest that intrusiveness should be unambiguously adopted by the Court as the benchmark for assessing and defining the existence of a search under the Fourth Amendment. Moreover, intrusiveness should be clearly defined to require an examination of two factors: the functionality of a challenged form of surveillance and the potential for disclosure created by the device.
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure, Michael T. Judge, Stephen R. Mccullough
Criminal Law And Procedure, Michael T. Judge, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Run For The Border: Laptop Searches And The Fourth Amendment, Nathan Alexander Sales
Run For The Border: Laptop Searches And The Fourth Amendment, Nathan Alexander Sales
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Rethinking Dui Law In Virginia, Monte Kuligowski
Rethinking Dui Law In Virginia, Monte Kuligowski
University of Richmond Law Review
As the demand for safer roadways needs little supporting argument, I turn to the constitutional problem of strict criminal liability law, followed with a brief analysis of criminal intent and strict liability law within the criminal system, some examples of how other states have responded to the inherent tensions, and a few specific thoughts for the legislature to consider.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
University of Richmond Law Review
The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes tothe law enacted by the Virginia General Assembly in the areas ofcriminal law and procedure.
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
University of Richmond Law Review
No abstract provided.
An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham
An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes enacted by the General Assembly in the areas of criminal law and procedure.
The Electronic Recording Of Criminal Interrogations, Roberto Iraola
The Electronic Recording Of Criminal Interrogations, Roberto Iraola
University of Richmond Law Review
Should law enforcement officers be required to record, by video or audiotape, custodial interrogations of suspects? If so, how much, the entire interrogation or just the confession? Many prosecutors and police departments maintain that a recording requirement will hamper law enforcement and discourage suspects from talking. Proponents of this measure argue that the recording of interrogations protects against false confessions, augments the effective administration of justice, and serves to improve the relationship between the public and the police.
This article generally examines the developing case law on this question. Because of the incriminating nature of confessions, the article, by way …
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
This article examines the most significant cases from the Supreme Court of Virginia and the Court of Appeals of Virginia over the past year. The article also outlines some of the most consequential changes to the law enacted by the Virginia General Assembly during the 2005 Session in the field of criminal law and procedure.
An Evidentiary Paradox: Defending The Character Evidence Prohibition By Upholding A Non-Character Theory Of Logical Relevance, The Doctrine Of Chances, Edward J. Imwinkelried
An Evidentiary Paradox: Defending The Character Evidence Prohibition By Upholding A Non-Character Theory Of Logical Relevance, The Doctrine Of Chances, Edward J. Imwinkelried
University of Richmond Law Review
No abstract provided.
New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers
New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers
University of Richmond Law Review
No abstract provided.
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
University of Richmond Law Review
No abstract provided.
The Extension Of The Bruton Rule At The Expense Of Judicial Efficiency In Gray V. Maryland, Richard F. Dzubin
The Extension Of The Bruton Rule At The Expense Of Judicial Efficiency In Gray V. Maryland, Richard F. Dzubin
University of Richmond Law Review
"An argument broke out between [Kevin] and Stacey in the 500 block of Louden Avenue. Stacey got smacked and then ran into Wildwood Parkway. Me, [Kevin], and a few other guys ran after Stacey .... We beat Stacey up."
Money Laundering And Drug Trafficking: A Question Of Understanding The Elements Of The Crime And The Use Of Circumstantial Evidence, Thomas M. Dibiagio
Money Laundering And Drug Trafficking: A Question Of Understanding The Elements Of The Crime And The Use Of Circumstantial Evidence, Thomas M. Dibiagio
University of Richmond Law Review
Drug trafficking in the United States generates millions of dollars in cash profits daily. The cash generated from narcotics trafficking usually follows one of two distinct paths. Domestically, the profits are converted into usable currency by disguising the association between the cash and the narcotics enterprise. Monies not spent domestically are transferred back to the nar- cotics source or drug cartel to be enjoyed by the drug traffickers and to provide operating capital for the enterprise. This conversion and transfer process has become known commonly as money laundering.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Winfield V. Commonwealth: The Application Of The Virginia Rape Shield Statute, Philip L. Hatchett
Winfield V. Commonwealth: The Application Of The Virginia Rape Shield Statute, Philip L. Hatchett
University of Richmond Law Review
In Winfield v. Commonwealth, the Virginia Supreme Court held that the state's recently enacted rape shield statute could not restrict or infringe upon the defendant's sixth amendment right under the United States Constitution to confront his accusers. In overruling the trial judge, the court stated that section 18.2-67.7 of the Code of Virginia actually expanded the admissibility of evidence related to specific prior sexual conduct of the prosecutrix. By this ruling, Virginia has joined a minority of jurisdictions which have refused to recognize the special dilemma of the prosecutrix in a rape trial and to grant additional protections under her …
The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
University of Richmond Law Review
The rule that a party may rise no higher than his own testimony was first articulated in Virginia in Massie v. Firmstone. It has been criticized, misunderstood, and misapplied, but since its inception in 1922, it has grown into an important rule of evidence and procedure. The practitioner must consider the implications of the rule from the moment he begins to gather evidence that he expects to present in the form of live testimony.
Exploring The Limits Of Brady V. Maryland: Criminal Discovery As A Due Process Right In Access To Police Investigations And State Crime Laboratories, Walter H. Ohar
University of Richmond Law Review
Why not criminal discovery? This question has been posited by legal scholars and learned jurists alike since the liberalization of discovery methods under the modern codes of civil procedure. As inexact as the term criminal discovery may be and, according to its critics, as inapplicable as discovery may be in the criminal context, there is little doubt that the current trend is the expansion of that which is discoverable by either side prior to a criminal trial. In fact, criminal discovery has developed into something more than a problem of procedure to be resolved by the individual jurisdictions in piecemeal …
The Law Whose Life Is Not Logic: Evidence Of Other Crimes In Criminal Cases, James W. Payne Jr.
The Law Whose Life Is Not Logic: Evidence Of Other Crimes In Criminal Cases, James W. Payne Jr.
University of Richmond Law Review
It is not the intention of the author to concentrate on generalizations in this article, but an introductory comment of a general character on this topic seems unavoidable. Assume that D is on trial for the rape of his fourteen-year-old daughter. He elects not to take the witness stand, claiming this right under the Fifth Amendment. (a) Could W, an older daughter, testify that D raped her several times when she was fourteen years old? (b) Could the prosecutor introduce evidence of a conviction of D for raping W when she was fourteen years old-i.e., would the foregoing offer of …
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1967.
Corroboration Of Confessions In A Criminal Case In Virginia, James W. Payne Jr.
Corroboration Of Confessions In A Criminal Case In Virginia, James W. Payne Jr.
University of Richmond Law Review
The purpose of this brief note is to examine the Virginia rules relating to the requirement of corroboration of an extrajudicial, confession as a basis for conviction of a criminal offense. The rules discussed herein do not, of course, apply to a plea of guilty in open court, and it might be noted too that the title selected by the author may be misleading in that, as a general rule, the rules discussed do apply to incriminating admissions of fact (except those occurring before the alleged criminal act) as well as full confessions. "A confession is the admission of guilt …