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Some Thoughts On Bifurcated Sentencing In Non-Capital Felony Cases In Virginia, Thomas D. Horne
Some Thoughts On Bifurcated Sentencing In Non-Capital Felony Cases In Virginia, Thomas D. Horne
University of Richmond Law Review
The punishment stage of a jury trial poses a difficult test for the conflicting attitudes and opinions of individual jurors. In the search for a mature, well-reasoned, and educated verdict, an understanding of the sentencing process by those controlling the flow of information is the best insurance against decisions which spring from passion, prejudice, and personal bias. Given recent legislative changes affecting sentencing in non-capital felony cases, such an understanding is not susceptible to hornbook solutions. This paper will attempt to put those changes in the context of existing sentencing practices and of related evidentiary issues. It is hoped that …
Revision Of Virginia's Criminal Code
Revision Of Virginia's Criminal Code
University of Richmond Law Review
On October 1, 1975 the criminal justice system of the Commonwealth of Virginia began to operate under revised codes of criminal law and procedure. Enacted during the last legislative session, Titles 18.2 and 19.2 contain an impressive array of new laws with which judges, lawyers, and law enforcement officers should quickly become familiar. In many instances, these new laws go far beyond recodification of existing laws. Several represent substantive changes which are quite controversial and remain hotly debated since the close of the legislative session.
Recidivism: The Treatment Of The Habitual Offender
Recidivism: The Treatment Of The Habitual Offender
University of Richmond Law Review
Penal law and theory generally "addresses itself to two types of criminals: first offenders and habitual offenders or recidivists. Those in the latter group have been referred to as failures for two reasons: first, they have failed to alter their previous behavior and make an adequate adjustment upon returning to society; second, society has failed with them in terms of its efforts at correction, treatment, and rehabilitation. The traditional method of dealing with the recidivist has been to increase the punishment "increasing the dosage of a medicine which failed to cure when administered in small quantities." Indeed, upon conviction for …