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Articles 1 - 2 of 2
Full-Text Articles in Law
Double Jeopardy And The Commonwealth's Right To Writs Of Error In Criminal Cases, Roger D. Scott
Double Jeopardy And The Commonwealth's Right To Writs Of Error In Criminal Cases, Roger D. Scott
University of Richmond Law Review
In the 1986 legislative session, the Virginia General Assembly attempted to produce a constitutional amendment designed to expand the right of Commonwealth's Attorneys to appeal criminal cases. The Virginia Constitution prohibits appeals by the commonwealth in criminal cases in which the accused might be sentenced to death or imprisonment, unless the case involves state revenue. Advocates of an amendment to expand prosecutorial appeals have never fully explained the historical context of the prohibition against such appeals and their complex relationship to other constitutional, statutory, and common law provisions. The subject of prosecutorial appeals involves such fundamental legal issues as former …
Annual Survey Of Virginia Law: Criminal Law, Richard A. Williamson
Annual Survey Of Virginia Law: Criminal Law, Richard A. Williamson
University of Richmond Law Review
Effective January 1, 1985, the Court of Appeals of Virginia was established. The new intermediate appellate court possesses exclusive jurisdiction over appeals from any final judgment of conviction in a circuit court for a traffic violation or a crime, except where a sentence of death is imposed. The operation of the court of appeals is likely to have a twofold effect on the criminal justice system. First, it should reduce the current backlog of cases in the supreme court; second, it should produce an increase in the number of reported criminal decisions, thereby facilitating an understanding of criminal law and …