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Articles 1 - 3 of 3

Full-Text Articles in Law

Sentencing Roulette: How Virginia’S Criminal Sentencing System Is Imposing An Unconstitutional Trial Penalty That Suppresses The Rights Of Criminal Defendants To A Jury Trial, Caleb R. Stone Dec 2014

Sentencing Roulette: How Virginia’S Criminal Sentencing System Is Imposing An Unconstitutional Trial Penalty That Suppresses The Rights Of Criminal Defendants To A Jury Trial, Caleb R. Stone

William & Mary Bill of Rights Journal

No abstract provided.


Forgetting Furman: Arbitrary Death Penalty Sentencing Schemes Across The Nation, Sarah A. Mourer May 2014

Forgetting Furman: Arbitrary Death Penalty Sentencing Schemes Across The Nation, Sarah A. Mourer

William & Mary Bill of Rights Journal

No abstract provided.


Death By Irrelevance: The Unconstitutionality Of Virginia’S Continued Exclusion Of Prison Conditions Evidence To Assess The Future Dangerousness Of Capital Defendants, Andrew Lindsey May 2014

Death By Irrelevance: The Unconstitutionality Of Virginia’S Continued Exclusion Of Prison Conditions Evidence To Assess The Future Dangerousness Of Capital Defendants, Andrew Lindsey

William & Mary Bill of Rights Journal

This Note argues that Virginia statutory and case law requiring the exclusion of prison conditions evidence in capital trials where the jury must determine defendants’ future dangerousness is unconstitutional. In Part I, I present certain portions of a hypothetical capital trial in Virginia to introduce readers to the concepts of prison conditions evidence and future dangerousness, and why they are important to capital defendants. In Part II, I trace the development of the constitutional right that is violated by the exclusion of this evidence, as well as how Virginia has come to justify its exclusionary stance based on a flawed …