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Articles 151 - 180 of 337
Full-Text Articles in Criminal Law
Criminal Law And Procedure, Michael T. Judge, Stephen R. Mccullough
Criminal Law And Procedure, Michael T. Judge, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block
A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block
University of Richmond Law Review
No abstract provided.
Animal Law, K. Michelle Welch
Does Strickland Prejudice Defendants On Death Row?, Kenneth Williams
Does Strickland Prejudice Defendants On Death Row?, Kenneth Williams
University of Richmond Law Review
No abstract provided.
Terrorist Detention: Directions For Reform, Benjamin J. Priester
Terrorist Detention: Directions For Reform, Benjamin J. Priester
University of Richmond Law Review
No abstract provided.
Extraordinary Rendition: A Wrong Without A Right, Robert Johnson
Extraordinary Rendition: A Wrong Without A Right, Robert Johnson
University of Richmond Law Review
No abstract provided.
Run For The Border: Laptop Searches And The Fourth Amendment, Nathan Alexander Sales
Run For The Border: Laptop Searches And The Fourth Amendment, Nathan Alexander Sales
University of Richmond Law Review
No abstract provided.
Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty
Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty
Richmond Journal of Law and the Public Interest
This Comment will examine the legislative history of the triggerman rule in Virginia in Part I. Part II will explore the justifications and criticisms of an expansion to the triggerman rule. Part III will present a short study of American jurisprudence with respect to the death penalty and non-triggermen. Finally, Part IV will discuss the future implications for Virginia's criminal justice system if the expansion to the triggerman rule eventually becomes law.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the third issue of the 2008–2009 academic school year, which also is our Annual Survey on E-Discovery.
Databases, E-Discovery And Criminal Law, Ken Strutin
Databases, E-Discovery And Criminal Law, Ken Strutin
Richmond Journal of Law & Technology
The enduring value of the Constitution is the fundamental approach to human rights transcending time and technology. The modern complexity and variety of electronically stored information was unknown in the eighteenth century, but the elemental due process concepts forged then can be applied now. At some point, the accumulation of information surpassed the boundaries of living witnesses and paper records. The advent of computers and databases ushered in an entirely new order, giving rise to massive libraries of factual details and powerful investigative tools. But electronically collected information sources are a double-edged sword. Their accuracy and reliability are critical issues …
Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty
Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty
Richmond Public Interest Law Review
This Comment will examine the legislative history of the triggerman rule in Virginia in Part I. Part II will explore the justifications and criticisms of an expansion to the triggerman rule. Part III will present a short study of American jurisprudence with respect to the death penalty and non-triggermen. Finally, Part IV will discuss the future implications for Virginia's criminal justice system if the expansion to the triggerman rule eventually becomes law.
Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond
Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond
Richmond Public Interest Law Review
This article argues that the "prosecution or the credible threat of prosecution" standard endorsed by the Supreme Court of the United States to analyze standing in challenges to criminal laws is too narrow. Part I seeks to counter the notion of unenforced criminal laws as "dead words" and "harmless empty shadows" by reviewing recent research from multiple disciplines, including psychology, sociology, and economics, which shows that unenforced laws have as strong an effect on individuals and society as prosecution or the threat of prosecution. Part II traces the history and rationale of the notion of standing and the requirement of …
Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee
Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee
Richmond Public Interest Law Review
Given the public's fear and anxiety regarding sex offenders, especially those who target children, society is predisposed to lock them up and throw away the key. To avoid reproach, however, our society must trust in our judicial processes and involuntarily commit only those who are found to be sexually violent predators beyond a reasonable doubt. Furthermore, the judicial system must unconditionally release sexually violent predators when they are deemed to no longer pose a danger to themselves or to others. The methods by which our society commits and holds such individuals implicate not only their behavior but also our own, …
Did The Court Kill The Treason Charge?: Reassessing Cramer V. United States And Its Significance, Paul T. Crane
Did The Court Kill The Treason Charge?: Reassessing Cramer V. United States And Its Significance, Paul T. Crane
Law Faculty Publications
This Article has two main objectives. First, I will analyze the Court's decision in Cramer v. United States. Based on internal court documents, such as draft opinions and private memoranda, it is clear that the Justices had more on their minds than the specific legal question at hand. Second, I will reassess the relationship between Cramer and the lack of treason charges after 1954 and offer an explanation for the disappearance of treason prosecutions until the indictment of Gadahn in 2006. Specifically, I will highlight the significance of a traditionally underappreciated portion of the Cramer decision: the Court's statement that …
An Ounce Of Prevention: Why The Innocence Movement Should Focus On Proscriptive Pre-Conviction Measures Instead Of Abolition Of The Death Penalty, Rhiannon M. Hartman
An Ounce Of Prevention: Why The Innocence Movement Should Focus On Proscriptive Pre-Conviction Measures Instead Of Abolition Of The Death Penalty, Rhiannon M. Hartman
Richmond Journal of Law and the Public Interest
When eyewitnesses identify defendants as perpetrators during criminal trials, juries almost always return a guilty verdict. Unfortunately, researchers consistently find that eyewitness identification is inherently inaccurate and unreliable. The Supreme Court of the United States acknowledged the broad scope of the problem as early as 1967, when it referenced Edwin M. Borchard's famous study of wrongful convictions, stating, "the vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification."' Since Borchard's 1932 study, there has been no remedy for the problem of wrongful conviction based on mistaken identification. In Samuel Gross's study …
Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond
Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond
Richmond Journal of Law and the Public Interest
This article argues that the "prosecution or the credible threat of prosecution" standard endorsed by the Supreme Court of the United States to analyze standing in challenges to criminal laws is too narrow. Part I seeks to counter the notion of unenforced criminal laws as "dead words" and "harmless empty shadows" by reviewing recent research from multiple disciplines, including psychology, sociology, and economics, which shows that unenforced laws have as strong an effect on individuals and society as prosecution or the threat of prosecution. Part II traces the history and rationale of the notion of standing and the requirement of …
Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee
Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee
Richmond Journal of Law and the Public Interest
Given the public's fear and anxiety regarding sex offenders, especially those who target children, society is predisposed to lock them up and throw away the key. To avoid reproach, however, our society must trust in our judicial processes and involuntarily commit only those who are found to be sexually violent predators beyond a reasonable doubt. Furthermore, the judicial system must unconditionally release sexually violent predators when they are deemed to no longer pose a danger to themselves or to others. The methods by which our society commits and holds such individuals implicate not only their behavior but also our own, …
The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii
The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer
The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer
University of Richmond Law Review
This comment examines Virginia's current civil commitment statute for sexual predators and attempts to identify areas where Virginia should concentrate its limited resources in order to address more adequately the ever-increasing problem of what to do with sex offenders. Part II briefly describes why sex offenders present law enforcement with unique problems in prevention and deterrence. Part III details the history of civil commitment legislation. Part IV examines Supreme Court of the United States jurisprudence regarding the constitutionality of sex offender civil commitment statutes. Part V examines the Virginia Sexually Violent Predator Act. Part VI briefly considers current violent sexual …
Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina M. Mulligan
Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina M. Mulligan
Richmond Journal of Law & Technology
Road safety cameras can photograph your car running red lights. Some bars record information on driver’s licenses to establish that their patrons are old enough to drink. The Recording Industry Association of America (RIAA) uses automated web crawlers to try to find illegal copies of mp3s, and iTunes embeds personal identifying information in the tracks of every song you buy.
Condemning Our Youth To Lives As Criminals:Incarcerating Children As Adults, Chelsea Dunn
Condemning Our Youth To Lives As Criminals:Incarcerating Children As Adults, Chelsea Dunn
Richmond Public Interest Law Review
Underlying the juvenile court system are two competing philosophies of justice which have taken predominance over the system at different historical periods in relation to the public climate. Early reformers conceptualized juvenile justice as an informal and protective system that would seek to rehabilitate disadvantaged children who had succumbed to criminal influences. In response to negative assessments noting the leniency of juvenile courts, critics began to advocate for a more punitive system which would focus on retribution rather than treatment. Measures adopted by courts to increase the criminal responsibility placed upon juveniles include minimum sentencing guidelines and transfer of offenders …
Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young
Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young
Richmond Public Interest Law Review
This comment seeks to analyze House Bill 1281 in the larger social context of shaming sanctions. It begins by tracing a brief history of offender punishment from the common use of shaming mechanisms to their disappearance and gradual resurgence. It further looks to the theoretical foundations of such alternative sanctions, as well as their potential effects on both individual conduct and social norms. Finally, it looks at the relationship between other approaches to DUI convictions and the methods proposed in Virginia.
Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon
Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon
Richmond Public Interest Law Review
These reform proposals have been met with vehement criticism, most of which stem from a concern that any attempt to prohibit or regulate deceptive interrogation methods would decrease the number of confessions and convictions produced by the criminal justice system. With these concerns in mind, this article proposes a different, more moderate reform: a per se ban on the falsification of DNA evidence during police interrogations. This proposal differs from those described above in three important ways. First, the prohibition on fabricating DNA evidence does not require a change in the voluntariness test used to ascertain the admissibility of a …
Condemning Our Youth To Lives As Criminals:Incarcerating Children As Adults, Chelsea Dunn
Condemning Our Youth To Lives As Criminals:Incarcerating Children As Adults, Chelsea Dunn
Richmond Journal of Law and the Public Interest
Underlying the juvenile court system are two competing philosophies of justice which have taken predominance over the system at different historical periods in relation to the public climate. Early reformers conceptualized juvenile justice as an informal and protective system that would seek to rehabilitate disadvantaged children who had succumbed to criminal influences. In response to negative assessments noting the leniency of juvenile courts, critics began to advocate for a more punitive system which would focus on retribution rather than treatment. Measures adopted by courts to increase the criminal responsibility placed upon juveniles include minimum sentencing guidelines and transfer of offenders …
Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon
Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon
Richmond Journal of Law and the Public Interest
These reform proposals have been met with vehement criticism, most of which stem from a concern that any attempt to prohibit or regulate deceptive interrogation methods would decrease the number of confessions and convictions produced by the criminal justice system. With these concerns in mind, this article proposes a different, more moderate reform: a per se ban on the falsification of DNA evidence during police interrogations. This proposal differs from those described above in three important ways. First, the prohibition on fabricating DNA evidence does not require a change in the voluntariness test used to ascertain the admissibility of a …
Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young
Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young
Richmond Journal of Law and the Public Interest
This comment seeks to analyze House Bill 1281 in the larger social context of shaming sanctions. It begins by tracing a brief history of offender punishment from the common use of shaming mechanisms to their disappearance and gradual resurgence. It further looks to the theoretical foundations of such alternative sanctions, as well as their potential effects on both individual conduct and social norms. Finally, it looks at the relationship between other approaches to DUI convictions and the methods proposed in Virginia.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
University of Richmond Law Review
The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes tothe law enacted by the Virginia General Assembly in the areas ofcriminal law and procedure.
Electronic Data: A Commentary On The Law In Virginia In 2007, Hon. Thomas D. Horne
Electronic Data: A Commentary On The Law In Virginia In 2007, Hon. Thomas D. Horne
University of Richmond Law Review
No abstract provided.
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.