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Articles 1 - 9 of 9
Full-Text Articles in Law
Statement By Toney Anaya On Capital Punishment, Toney Anaya
Statement By Toney Anaya On Capital Punishment, Toney Anaya
University of Richmond Law Review
I oppose capital punishment and was thrust into a position of having to put that opposition to the ultimate test - in 1986 commuted the death sentences of all those on "death row" in the New Mexico State Penitentiary.
Brecht V. Abrahamson: Another Step Toward Evisceration Of Habeas Corpus, Lisa S. Spickler
Brecht V. Abrahamson: Another Step Toward Evisceration Of Habeas Corpus, Lisa S. Spickler
University of Richmond Law Review
As the amount of crime in this country increases, society is becoming more conscious of our criminal justice system. People are increasingly concerned with the outcome of criminal trials, specifically in assuring that crimes do not go unpunished. Determining guilt, ensuring that verdicts are not overruled on a "technicality," and issuing punishment have taken precedence over the protection of constitutional rights. However, the Constitution is not only concerned with the outcome of criminal trials. It is just as surely concerned with individual rights and process.
The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples
The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples
University of Richmond Law Review
When a governor commutes a sentence of death, typically to one of life imprisonment either with an extended mandatory term or without possibility of parole, how is this action to be understood? As former Governor Pat Brown's book about his commutation decisions illustrates, in a period of widespread support for the death penalty, each commutation contains an appeal for popular support and understanding as to why the decision was made. Where the case for commutation cannot be made to the public's satisfaction, a governor is not likely to act.
Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil
Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil
University of Richmond Law Review
The idea of the last-minute reprieve granted by a distant, unknowable dispenser of mercy to a man condemned to death has a powerful hold on our imaginations. Fyodor Dostoevsky's eleventh hour pardon by the czar in many ways shaped his literary career. The scene of the haunted Death Row prisoner who awaits word from the governor as a ticking clock punctuates his final hours is a stock vignette of Hollywood crime films. Anyone who has ever seized on the slimmest hope, whose fate has been committed to the hands of another - virtually all of us - can identify with …
The Clemency Process In Virginia, Walter A. Mcfarlane
The Clemency Process In Virginia, Walter A. Mcfarlane
University of Richmond Law Review
When asked to contribute an article on the issue of clemency, I immediately knew the area I wanted to address: the procedural and practical aspects of the clemency process in Virginia. While numerous articles have been written about clemency, few have examined the procedural rules and none have comprehensively studied the executive viewpoint regarding this area of the law.
Federal Executive Clemency Power: The President's Prerogative To Escape Accountability, James N. Jorgensen
Federal Executive Clemency Power: The President's Prerogative To Escape Accountability, James N. Jorgensen
University of Richmond Law Review
The United States Constitution vests the President with "power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." Although Virginia delegate Edmund Randolph raised concerns about the executive branch possibly abusing the pardon power to conceal criminal conduct at the Constitutional Convention, Randolph's colleagues relied upon the presumption that a president would not break the law and defeated his motion to limit presidential pardon power to cases of treason. Recently, the scandalous Iran-Contra affair has demonstrated that, contrary to the Framers' expectations, presidents may circumvent or directly violate federal laws.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
University of Richmond Law Review
During the past year, the Court of Appeals of Virginia continued to be the major contributor to the development of substantive and procedural criminal law in the Commonwealth. Many of the court's decisions concerned the characterization of. police-citizen encounters in the context of both Fourth Amendment law and the rights of an accused under Miranda v. Arizona. A number of cases concerned the admissibility of uncharged misconduct, and the numerous double jeopardy opinions involved case-by-case application of Grady v. Corbin, Blockburger v. United States, and related statutes. A growing body of procedural law concerned the propriety of impanelling jurors of …
The Right Of The People To Be Secure, Ronald J. Bacigal
The Right Of The People To Be Secure, Ronald J. Bacigal
Law Faculty Publications
Part I of this Article defines searches and seizures of property and person, discussing the Supreme Court's initially broad interpretation of the Fourth Amendment and its subsequent narrowing in later decisions. Part II discusses several police "chase cases" leading up to the elimination of accidental and attempted seizures from Fourth Amendment protection in Brower v. County of Inyo and California v. Hodari D. Part Ill analyzes the Brower decision and its effect on accidental seizures, concluding that the analysis set forth therein should be abolished and advocating an alternate test. Part IV confronts the Court's elimination of attempted seizures from …