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Empowering The Defense To Confront The Government's Powers: Virginia Criminal Justice Legal Reform, Bryan Kennedy, Catherine F. Zagurskie
Empowering The Defense To Confront The Government's Powers: Virginia Criminal Justice Legal Reform, Bryan Kennedy, Catherine F. Zagurskie
Richmond Public Interest Law Review
During the 2021 Session and 2021 Special Session, Virginia took steps to
restore the balance between individuals ensnared in the criminal legal system
and the government. These new laws allow people who are involved in
the criminal legal system to emphasize their humanity and to hold the government
to its various burdens at all stages of the case, including pre-trial,
trials, sentencing, and appeal. This article discusses four of the most important
changes to Virginia law that ensure a more level playing field between
the government and the accused.
First, eliminating the presumption against bail challenges the government’s
power of …