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Articles 1 - 5 of 5

Full-Text Articles in Law

Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard Jul 2007

Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard

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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.


At His Discretion (N.): "To Be Disposed Of As He Thinks Fit; At His Disposal, At His Mercy; Unconditionally", J. Amy Dillard Jul 2007

At His Discretion (N.): "To Be Disposed Of As He Thinks Fit; At His Disposal, At His Mercy; Unconditionally", J. Amy Dillard

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Review of ANGELA J. DAVIS, ARBITRARY JUSTICE (Oxford University Press, Inc. 2007) 264 pp.


Plea-Bargaining, Negotiating Confessions And Consensual Resolution Of Criminal Cases, Stephen C. Thaman Jan 2007

Plea-Bargaining, Negotiating Confessions And Consensual Resolution Of Criminal Cases, Stephen C. Thaman

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This report explores the various types of consensual procedures that make up the procedural arsenals of modern criminal justice systems and if and how they have contributed to procedural economy in the respective country. It discusses whether or not important procedural principles have been compromised, undermining the legitimacy of the criminal justice system.


Penal Court Procedures: Doctrinal Issues, Stephen C. Thaman Jan 2007

Penal Court Procedures: Doctrinal Issues, Stephen C. Thaman

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Volume III: This is an encyclopedia entry on doctrinal issues in penal court procedures.


Consensual Penal Resolution, Stephen C. Thaman Jan 2007

Consensual Penal Resolution, Stephen C. Thaman

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Volume I: This is an encyclopedia entry on consensual penal resolution.