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Removing Race From The Jury Deliberation Room: The Shortcomings Of Pena-Rodriguez V. Colorado And How To Address Them, Lauren Crump Jan 2018

Removing Race From The Jury Deliberation Room: The Shortcomings Of Pena-Rodriguez V. Colorado And How To Address Them, Lauren Crump

University of Richmond Law Review

This comment explores ways in which racial bias undermines

the American jury system and argues that simply having a racial

bias exception to the no-impeachment rule does not go far enough

to guard against racially motivated jury verdicts. In order to

guarantee the Sixth Amendment right to an impartial jury, defendants

must always be able to question potential jurors about

racial bias, and universal court policies need to be adopted across

the country that allow for a consistent approach for investigating

claims of racial bias in jury deliberations. Part I of this comment

examines the history of American juries and …


Annual Survey 2017: Table Of Contents Nov 2017

Annual Survey 2017: Table Of Contents

University of Richmond Law Review

No abstract provided.


A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan Nov 2017

A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan

University of Richmond Law Review

No abstract provided.


Howell V. Mcauliffe, L. Michael Berman Nov 2017

Howell V. Mcauliffe, L. Michael Berman

University of Richmond Law Review

No abstract provided.


Preface: Annual Survey 2017, Brian M. Melnyk Nov 2017

Preface: Annual Survey 2017, Brian M. Melnyk

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Aaron J. Campbell Nov 2017

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

This article aims to give a succinct review of notable criminal

law and procedure cases decided by the Supreme Court of Virginia

and the Court of Appeals of Virginia during the past year. Instead

of covering every ruling or rationale in these cases, the article

focuses on the "take-away" of the holdings with the most

precedential value. The article also summarizes noteworthy

changes to criminal law and procedure enacted by the 2017 Virginia

General Assembly.


Crimmigration: The Missing Piece Of Criminal Justice Reform, Yolanda Vazquez May 2017

Crimmigration: The Missing Piece Of Criminal Justice Reform, Yolanda Vazquez

University of Richmond Law Review

This article discusses the impact that the incorporation of migration enforcement has had on the criminal justice system and the way in which it has exacerbated pre-existing problems within it. Part I discusses the drastic expansion of the criminal justice system over the last forty years and the fiscal and moral costs it has had. Part II discusses how crimmigration has impacted the criminal justice system, its laws, policies, and practices during the last thirty years. Part III discusses the rise of the Smart on Crime movement and the goals of the criminal justice reform efforts to combat its detrimental …


Remarks On Campus Sexual Assault, Alison M. Tinsey May 2017

Remarks On Campus Sexual Assault, Alison M. Tinsey

University of Richmond Law Review

No abstract provided.


Classified Information Cases On The Ground: Altering The Attorney-Client Relationship, Paul G. Gill Mar 2017

Classified Information Cases On The Ground: Altering The Attorney-Client Relationship, Paul G. Gill

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Aaron J. Campbell Nov 2016

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

No abstract provided.


Truth Or Doubt? An Empirical Test Of Criminal Jury Instructions, Michael D. Cicchini, Lawrence T. White May 2016

Truth Or Doubt? An Empirical Test Of Criminal Jury Instructions, Michael D. Cicchini, Lawrence T. White

University of Richmond Law Review

Part I of this article briefly discusses the concept of proof beyond a reasonable doubt, along with its importance to individuals and society generally. Part II surveys some of the truth-related language used in multiple state and federal jurisdictions. It also examines the constitutional problems created by this language and discusses courts' inadequate responses to these problems.

Part III explains our controlled experiment, including our hypotheses, study design, and empirical findings. Part IV discusses these findings and their significance and argues that courts should immediately terminate their use of truth-based jury instructions so that our constitutional guarantees are fulfilled. Finally, …


Reform Virginia's Civil Asset Forfeiture Laws To Remove The Profit Incentive And Curtail The Abuse Of Power, Rob Poggenklass May 2016

Reform Virginia's Civil Asset Forfeiture Laws To Remove The Profit Incentive And Curtail The Abuse Of Power, Rob Poggenklass

University of Richmond Law Review

Part I of this article will review the historical roots of civil asset

forfeiture law. Part II will provide a more modern history of these

laws and an overview of Virginia's current asset forfeiture

scheme. Part III will examine the criticism of Virginia's drugrelated

civil asset forfeiture laws and highlight due process concerns,

risk of abuse of power, and misallocation of priorities due

to the structure of these laws in Virginia. Finally, Part IV will

provide recommendations to reform Virginia's civil asset forfeiture

laws.


Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes Mar 2016

Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes

University of Richmond Law Review

No abstract provided.


Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan Jan 2016

Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan

University of Richmond Law Review

No abstract provided.


Table Of Contents: Annual Survey 2015 Nov 2015

Table Of Contents: Annual Survey 2015

University of Richmond Law Review

No abstract provided.


Beyond The Right To Counsel: Increasing Notice Of Collateral Consequences, Brian M. Murray May 2015

Beyond The Right To Counsel: Increasing Notice Of Collateral Consequences, Brian M. Murray

University of Richmond Law Review

This article responds to these questions by focusing on the primary roots of this justice issue, namely the prevalence of guiltypleas and the continued efforts of legislatures to increase the life- long price of a conviction. Part I begins with a discussion of these practical realities within the criminal justice system. Part II then examines the law of guilty pleas under the Fifth Amendment, including constitutional standards for valid pleas, and how current jurisprudence fails to account for the collateral consequences mentioned in Part I. Part II also discusses the right to effective assistance of counsel under the Sixth Amendment, …


The Future Of The Death Penalty In The United States, Richard C. Dieter Mar 2015

The Future Of The Death Penalty In The United States, Richard C. Dieter

University of Richmond Law Review

No abstract provided.


Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate Mar 2015

Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate

University of Richmond Law Review

No abstract provided.


"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker May 2014

"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker

University of Richmond Law Review

While criminal law scholar Michelle Alexander has shown that stop and frisks often serve as the gateway into the criminal justice system for young men of color, she occludes the complex forces that led to their rise." This article seeks to identify those forces, relating the rise of stop and frisk rules to liberal politics, Cold War concerns, and spatial dynamics. To illustrate, this article will proceed in three parts. Part I will demonstrate how Mapp v. Ohio coincided with judicial frustration at police intrusions into private, intimate space-including private thought-precisely at a time when the United States sought to …


Inchoate Crimes Revisted: A Behavioral Economics Perspective, Manuel A. Utset May 2013

Inchoate Crimes Revisted: A Behavioral Economics Perspective, Manuel A. Utset

University of Richmond Law Review

No abstract provided.


Congressional Inquiry And The Federal Criminal Law, J. Richard Broughton Jan 2012

Congressional Inquiry And The Federal Criminal Law, J. Richard Broughton

University of Richmond Law Review

This article supports constraint of the modern federal criminal law regime through greater attention to, and use of, congressional investigation and over =sight powers. Through an analysis of the 2009 and 2010 United States House of Representatives hearings on over-criminalization, this article asserts that Congress has political and constitutional incentives to use its investigation and oversight powers to address these problems. Conventional wisdom asserts that political disincentives to reduce the federal criminal law regime and weaknesses in investigative and oversight powers limit congressional effectiveness.


Issue 1: Annual Survey 2011 Table Of Contents Nov 2011

Issue 1: Annual Survey 2011 Table Of Contents

University of Richmond Law Review

No abstract provided.


The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert Jan 2010

The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert

University of Richmond Law Review

No abstract provided.


Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr. Nov 2007

Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.

University of Richmond Law Review

No abstract provided.


Apprendi's Limits, R. Craig Green May 2005

Apprendi's Limits, R. Craig Green

University of Richmond Law Review

No abstract provided.


United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu May 2005

United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2004

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp May 2004

Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp

University of Richmond Law Review

No abstract provided.