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Full-Text Articles in Law

Juvenile Court And Arrest Records, Adrienne Volenik Jan 1975

Juvenile Court And Arrest Records, Adrienne Volenik

Law Faculty Publications

Recognizing the near impossibility of changing societal views toward juvenile offenders, many legislators have at- tempted instead to combat the harmful effects of a delinquency adjudication by providing for concealment of juvenile records, on the grounds that such concealment will aid the child's reintegration into society.


Expungement Of Arrest Records, Adrienne Volenik Jan 1975

Expungement Of Arrest Records, Adrienne Volenik

Law Faculty Publications

Contrary to the philosophy of the juvenile court, it is undoubtedly a rare occasion when a child benefits from his exposure to the juvenile court system. Even when a child is actually rehabilitated by the process, the invidious effects that flow from being labeled a "juvenile delinquent" may serve to negate any benefit that he may have received. Perhaps the most unjustifiable of all side effects is the stigma that attaches to a child who has been arrested and subsequently either released without prosecution or acquitted. In a society that espouses the idea that an individual is innocent until proven …


Proposed Legislation- Criminal Law-Proposed Revisions Of Title 18.1- Designation Of Punishment And Capital Punishment (Senate Bill No. 56) Jan 1975

Proposed Legislation- Criminal Law-Proposed Revisions Of Title 18.1- Designation Of Punishment And Capital Punishment (Senate Bill No. 56)

University of Richmond Law Review

The Virginia General Assembly, during a Special Session in 1971, directed the Virginia Code Commission to revise Title 18.1, Crimes and Offenses Generally, of the Code of Virginia. Senate Bill No. 562 was adopted in essentially the same form as the Code Commission's revisions, however, due to the lack of time, the bill was carried over until the next session. This article will analyze several areas contained in Senate Bill No. 56: Designation of Punishment and Capital Punishment.


Criminal Law-Evidence--Confession To Polygraph Operator Prior To Actual Test Held Admissible Jan 1975

Criminal Law-Evidence--Confession To Polygraph Operator Prior To Actual Test Held Admissible

University of Richmond Law Review

Rules of evidence governing the admissibility of confessions have devel- oped gradually throughout the history of Anglo-American jurisprudence. Initially any confession was admissible regardless of the methods by which it was obtained. The basic consideration was that the evidence admitted be truthful and reliable. To protect the integrity of judicial proceedings, safeguards were later developed to insure the reliability of confessions by a determination of the voluntariness with which they were given. Courts have struggled with the problem of formulating a workable definition of voluntariness and have not yet developed a uniform substantive test.


Revision Of Virginia's Criminal Code Jan 1975

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.


The Virginia Magistrate System, Ronald J. Bacigal Jan 1975

The Virginia Magistrate System, Ronald J. Bacigal

Law Faculty Publications

In Colonial Virginia the Justice of the Peace was in many respects the local governing authority. His powers ranged from the trial of criminal cases to the supervision of the building of warehouses and courthouses; the licensing of ferries; and the regulation of the legal and medical professions.

The powers of the Justice of the Peace gradually dwindled in favor of the courts and other local officials, until the Justice of the Peace system was finally abolished in 1974, and replaced with the Magistrate system.

The present day magistrate performs many purely clerical functions, but he also retains important judicial …