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Full-Text Articles in Law
Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard
Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard
All Faculty Scholarship
This Article offers a brief overview of the standards for determining competency to stand trial. After examining the seminal case of Jackson v. Indiana, which held that the indefinite pre-trial detention of incompetent defendants violates due process, this Article argues that Virginia Code ยง 19.2-169.3, like statutes in twenty other states, violates a defendant's right to substantive due process, including the right to be free from forcible medication. This Article proposes legislation that will make the process constitutional, while addressing the concerns about the release of dangerous individuals held by the prosecutors and the community.
Recent Developments: Colorado V. Spring: Defendant Need Not Know Contents Of Questioning To Effect A Valid Miranda Waiver, Joseph M. Giannullo
Recent Developments: Colorado V. Spring: Defendant Need Not Know Contents Of Questioning To Effect A Valid Miranda Waiver, Joseph M. Giannullo
University of Baltimore Law Forum
No abstract provided.
Case Note: Mullaney V. Wilbur - Defendant's Burden To Reduce Homicide To Manslaughter Violates The Due Process Clause, Byron L. Warnken
Case Note: Mullaney V. Wilbur - Defendant's Burden To Reduce Homicide To Manslaughter Violates The Due Process Clause, Byron L. Warnken
University of Baltimore Law Forum
No abstract provided.