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Virginia's Insanity Defense: Reform Is Imperative, William C. Waddell Iii
Virginia's Insanity Defense: Reform Is Imperative, William C. Waddell Iii
University of Richmond Law Review
Virginia is no exception to the statement that a great deal of time and energy has been expended by writers in addressing the defense ofinsanity. Unfortunately, instead of generating some notable reform, this fact has served to desensitize the legislators, the legal profession, and the public in this controversial area. In view of the current knowledge in the field of psychiatry, the approach for implementing the insanity defense in Virginia courts is not satisfactory.
Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia?
Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia?
University of Richmond Law Review
While presumptions and burdens of proof have generally eluded effective analysis, the presumption of malice has almost defied it. Notwithstanding a common law origin and the significance that instructions of the presumption of malice have played in many murder trials in Virginia, the presumption has constantly been under attack. This comment will explore the meaning of the presumption of malice and determine whether Virginia's approach violates the due process clause of the fourteenth amendment in light of the recent Supreme Court decision of Mullaney v. Wilbur.