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Articles 1 - 9 of 9
Full-Text Articles in Law
Statement By Toney Anaya On Capital Punishment, Toney Anaya
Statement By Toney Anaya On Capital Punishment, Toney Anaya
University of Richmond Law Review
I oppose capital punishment and was thrust into a position of having to put that opposition to the ultimate test - in 1986 commuted the death sentences of all those on "death row" in the New Mexico State Penitentiary.
Brecht V. Abrahamson: Another Step Toward Evisceration Of Habeas Corpus, Lisa S. Spickler
Brecht V. Abrahamson: Another Step Toward Evisceration Of Habeas Corpus, Lisa S. Spickler
University of Richmond Law Review
As the amount of crime in this country increases, society is becoming more conscious of our criminal justice system. People are increasingly concerned with the outcome of criminal trials, specifically in assuring that crimes do not go unpunished. Determining guilt, ensuring that verdicts are not overruled on a "technicality," and issuing punishment have taken precedence over the protection of constitutional rights. However, the Constitution is not only concerned with the outcome of criminal trials. It is just as surely concerned with individual rights and process.
The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples
The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples
University of Richmond Law Review
When a governor commutes a sentence of death, typically to one of life imprisonment either with an extended mandatory term or without possibility of parole, how is this action to be understood? As former Governor Pat Brown's book about his commutation decisions illustrates, in a period of widespread support for the death penalty, each commutation contains an appeal for popular support and understanding as to why the decision was made. Where the case for commutation cannot be made to the public's satisfaction, a governor is not likely to act.
The Clemency Process In Virginia, Walter A. Mcfarlane
The Clemency Process In Virginia, Walter A. Mcfarlane
University of Richmond Law Review
When asked to contribute an article on the issue of clemency, I immediately knew the area I wanted to address: the procedural and practical aspects of the clemency process in Virginia. While numerous articles have been written about clemency, few have examined the procedural rules and none have comprehensively studied the executive viewpoint regarding this area of the law.
Pardon For Good And Sufficient Reasons, Kathleen Dean Moore
Pardon For Good And Sufficient Reasons, Kathleen Dean Moore
University of Richmond Law Review
The preamble to an executive grant of clemency from the Presi- dent of the United States implies that pardons are granted on the basis of "premises,... good and sufficient reasons." Yet, pardons have not always been regarded as the sort of acts that need to be justified by argument. In fact, most presidential pardons are issued without any statement of justification beyond the assurance that good reasons do exist. As a result, the issue of what constitutes good and sufficient reasons for a presidential pardon is seldom addressed and still unresolved.
Executive Clemency In Post-Furman Capital Cases, Michael L. Radelet, Barbara A. Zsembik
Executive Clemency In Post-Furman Capital Cases, Michael L. Radelet, Barbara A. Zsembik
University of Richmond Law Review
In the 1972 case of Furman v. Georgia, the United States Supreme Court invalidated virtually all existing death penalty statutes in the United States. Consequently, those jurisdictions that wanted to continue to execute were forced to revise their capital sentencing procedures. Since Furman,nearly all aspects of American death penalty law have been rewritten. Left unchanged by both the courts and the legislatures, however, are the ways in which states decide which death-sentenced inmates will have their sentences commuted through the powers of executive clemency.
The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver
The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver
University of Richmond Law Review
The scholarly literature on capital punishment includes few empirical studies of executive clemency. Commutations in capital cases have been rare since 1972 when the current era of capital punishment began with the United States Supreme Court's ruling in Furman v. Georgia. A large proportion of pre-1972 death sentences were commuted; examination of clemency decisions in those cases promises to reveal much about the history of capital punishment in the United States. The present study attempts to identify factors which influenced decisions to grant commutations of Florida death sentences pre-Furman, focusing particularly on whether the race of defendants and victims influenced …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
University of Richmond Law Review
During the past year, the Court of Appeals of Virginia continued to be the major contributor to the development of substantive and procedural criminal law in the Commonwealth. Many of the court's decisions concerned the characterization of. police-citizen encounters in the context of both Fourth Amendment law and the rights of an accused under Miranda v. Arizona. A number of cases concerned the admissibility of uncharged misconduct, and the numerous double jeopardy opinions involved case-by-case application of Grady v. Corbin, Blockburger v. United States, and related statutes. A growing body of procedural law concerned the propriety of impanelling jurors of …