Evidence Commons^™

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 …

The Virginia Rules Of Evidence, Ronald J. Bacigal

Richmond Public Interest Law Review

Despite the Supreme Court's rejection of the proposed Code of Evidence, the Boyd-Graves Conference continued its efforts to create such a code. In 1997, the Boyd-Graves Conference published "A Guide to Evidence in Virginia." Unlike the previously proposed rules of evidence, this guide merely stated the current Virginia law on evidence, and did not recommend adoption of any changes to existing law. The Guide's approach of disdaining any proposed changes,"while creating "a single, organized body of principles for the convenience of judges and practitioners alike," ultimately overcame objections from most of those who had opposed an evidence code. The Guide …

Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon

Richmond Public Interest Law Review

These reform proposals have been met with vehement criticism, most of which stem from a concern that any attempt to prohibit or regulate deceptive interrogation methods would decrease the number of confessions and convictions produced by the criminal justice system. With these concerns in mind, this article proposes a different, more moderate reform: a per se ban on the falsification of DNA evidence during police interrogations. This proposal differs from those described above in three important ways. First, the prohibition on fabricating DNA evidence does not require a change in the voluntariness test used to ascertain the admissibility of a …