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Full-Text Articles in Law
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.
Criminal Law And Procedure, Aaron J. Campbell
Criminal Law And Procedure, Aaron J. Campbell
University of Richmond Law Review
This article aims to give a succinct review of notable criminal
law and procedure cases decided by the Supreme Court of Virginia
and the Court of Appeals of Virginia during the past year. Instead
of covering every ruling or rationale in these cases, the article
focuses on the "take-away" of the holdings with the most
precedential value. The article also summarizes noteworthy
changes to criminal law and procedure enacted by the 2017 Virginia
General Assembly.
Sound Principles, Undesirable Outcomes: Justice Scalia's Paradoxical Eighth Amendment Jurisprudence, Mirko Bagaric, Sandeep Gopalan
Sound Principles, Undesirable Outcomes: Justice Scalia's Paradoxical Eighth Amendment Jurisprudence, Mirko Bagaric, Sandeep Gopalan
Akron Law Review
Justice Scalia is renowned for his conservative stance on the Eighth Amendment and prisoners’ rights. Justice Scalia held that the Eighth Amendment incorporates no proportionality requirement of any nature regarding the type and duration of punishment which the state can inflict on criminal offenders. Justice Scalia has also been labelled as “one of the Justices least likely to support a prisoner’s legal claim” and as adopting, because of his originalist orientation, “a restrictive view of the existence of prisoners’ rights.” A closer examination of the seminal judgments in these areas and the jurisprudential nature of the principle of proportionality and …
Justice Scalia As Neither Friend Nor Foe To Criminal Defendants, Tung Yin
Justice Scalia As Neither Friend Nor Foe To Criminal Defendants, Tung Yin
Akron Law Review
At first glance, Justice Scalia may appear to have been something of a “friend” to criminal defendants, as he authored a number of opinions ruling against law enforcement. However, his opinions reflect his fidelity to his constitutional vision of originalism rather than an intent to favor criminal defendants. Nevertheless, these cases are often offered as legitimate examples of how he did not have a purely results-oriented approach to deciding criminal procedure issues. Yet, a closer examination of Justice Scalia’s “defendant-favorable” opinions suggests that the results often have an air of unreality to them. In practice, there is no way for …
The Death Penalty And Justice Scalia's Lines, J. Richard Broughton
The Death Penalty And Justice Scalia's Lines, J. Richard Broughton
Akron Law Review
In Justice Scalia’s lone dissenting opinion in Morrison v. Olson, he lamented that, after the Court had upheld a law that he believed violated the separation of powers, “there are now no lines.” Lines were of critical importance to Justice Scalia – in law and in life – and informed much of his work on criminal law issues (Morrison, after all, was a case about the nature of federal prosecutorial authority). In the area of capital punishment, in particular, Justice Scalia saw clear lines that the Court should not cross. He believed that the Constitution contemplates the …
Punishment Without Purpose: The Retributive And Utilitarian Failures Of The Child Pornography Non-Production Sentencing Guidelines, Brittany Lowe
Punishment Without Purpose: The Retributive And Utilitarian Failures Of The Child Pornography Non-Production Sentencing Guidelines, Brittany Lowe
Cleveland State Law Review
Pursuant to the Sentencing Reform Act of 1984, Congress established the U.S. Sentencing Commission to formulate an empirical set of federal sentencing Guidelines. With the U.S. Sentencing Guidelines, Congress intended to further the basic purposes of criminal punishment—deterrence, incapacitation, just punishment, and rehabilitation. Nevertheless, the Guidelines were instantaneously met with disapproval. Asserting that the mandatory Guidelines violated the Constitution, scholars and judges argued that the Commission usurped Congress’s role by prescribing punishments that were essentially binding law. In 2005, the Supreme Court held that the Guidelines were discretionary in United States v. Booker.
While this decision resolved many of …
Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez
Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez
University of Miami Law Review
The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question—one of recognized significance for contemporary debates about the proper scope of habeas review. This Article provides a new answer. It argues that, until the enactment of Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), it was broadly accepted that state prisoners were entitled to plenary federal review of the legal and mixed law/fact questions decided against them by state courts. Until 1916, such review was provided by the Supreme Court; after 1953, …
Quantifying The Contours Of Power: Chief Justice Roberts & Justice Kennedy In Criminal Justice Cases, Michael A. Mccall, Madhavi M. Mccall
Quantifying The Contours Of Power: Chief Justice Roberts & Justice Kennedy In Criminal Justice Cases, Michael A. Mccall, Madhavi M. Mccall
Pace Law Review
This Article seeks to contribute to the debate with an empirical analysis of voting behavior in criminal justice cases decided during the first ten Terms of the Roberts Court era. The following section presents the study’s case selection and introduces the types of measures used to illuminate influence on the High Court (Part II). Court- and individual-level tendencies (Part III) identify potential spheres of influence occupied by Chief Justice Roberts and Justice Kennedy. These bases of judicial power are examined separately in Part IV (Chief Justice Roberts) and Part V (Justice Kennedy). Some possible implications of Justice Scalia’s death on …
Distorting Extortion: How Bribery And Extortion Became One And The Same Under The Hobbs Act, Sigourney Haylock
Distorting Extortion: How Bribery And Extortion Became One And The Same Under The Hobbs Act, Sigourney Haylock
Loyola of Los Angeles Law Review
No abstract provided.
Making Room For Juvenile Justice: The Supreme Court's Decision In Montgomery V. Louisiana, Chelsea S. Gumaer
Making Room For Juvenile Justice: The Supreme Court's Decision In Montgomery V. Louisiana, Chelsea S. Gumaer
Loyola of Los Angeles Law Review
No abstract provided.