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Full-Text Articles in Law

Drugs- Quantity Of Possession Of A Narcotic Necessary For Conviction Jan 1971

Drugs- Quantity Of Possession Of A Narcotic Necessary For Conviction

University of Richmond Law Review

Most of the states make it unlawful for a person to possess a narcotic drug unless authorized under the narcotic drug statutes. Most jurisdictions have adopted the Uniform Narcotic Drug Act with various amendments." Yet in those states in which the UNDA is not in force, the corresponding laws are nearly identical. Generally, the statutes specify that it is unlawful to possess "any narcotic drug." This phrase is considered by most jurisdictions to specify that any amount, even the slightest trace, is sufficient for a conviction, while other states require that a "usable quantity" must be present.


Possession Of Narcotic Drugs Jan 1971

Possession Of Narcotic Drugs

University of Richmond Law Review

Possession of narcotic drugs, including marijuana, is deemed illegal in Virginia by statute. The concept of possession has been a major contro- versy in criminal proceedings in Virginia and other states. Generally, legal possession has meant the holding of property in one's own power or command. There may be either an actual physical holding, which consists of the power to control the property plus the intent to control the property, or constructive possession, where there is an absence of actual physical control, but a capacity to control along with the intent to control such property.


Cruel And Unusual Punishment-Constitutionality Of The Death Penalty For Rape Where Victim's Life Neither Taken Nor Endangered Jan 1971

Cruel And Unusual Punishment-Constitutionality Of The Death Penalty For Rape Where Victim's Life Neither Taken Nor Endangered

University of Richmond Law Review

Throughout history societies have attempted to influence behavior and maintain order through the use of sanctions imposed by custom, tradition and law. Various methods and degrees of punishment have been exacted for anti-social behavior; each individual society fixing its own value upon the interest to be protected and its interest in punishing the offender. Some civilizations have utilized torture, maiming and, not infrequently, cruel and painful deaths as punishment for crimes.


Right To Hearing Upon Extension Of Probation Jan 1971

Right To Hearing Upon Extension Of Probation

University of Richmond Law Review

Aside from the fact that its use was originally limited and random in nature, the historical origin of the probation process is uncertain. Revolutionary changes in the theories controlling the treatment of convicted criminals, however, has resulted in the development of probation into the most widely used form of correctional treatment.