Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (172)
- Courts (53)
- State and Local Government Law (52)
- Judges (38)
- Evidence (34)
-
- Supreme Court of the United States (34)
- Constitutional Law (27)
- Legislation (27)
- Juvenile Law (23)
- Law and Society (21)
- Family Law (19)
- Law and Politics (19)
- Civil Procedure (16)
- Law Enforcement and Corrections (16)
- Law and Race (14)
- Civil Rights and Discrimination (13)
- Internet Law (13)
- Civil Law (12)
- Property Law and Real Estate (11)
- Business Organizations Law (10)
- Estates and Trusts (10)
- Health Law and Policy (10)
- Human Rights Law (10)
- Law and Gender (10)
- Antitrust and Trade Regulation (9)
- Education Law (9)
- Public Law and Legal Theory (9)
- Law and Economics (8)
- Keyword
-
- Virginia (22)
- Execution (17)
- Criminal (16)
- Death penalty (16)
- Punishment (15)
-
- Criminal law (13)
- Sentencing (13)
- Supreme Court (13)
- Capital (12)
- Death (11)
- Evidence (10)
- Annual Survey of Virginia Law (9)
- Furman v. Georgia (9)
- Jury (9)
- Penalty (9)
- Johnson v. Commonwealth (8)
- Capital punishment (7)
- Double jeopardy (7)
- Drug (7)
- Juvenile (7)
- Miranda v. Arizona (7)
- Trial (7)
- Witness (7)
- Crime (6)
- Criminal justice (6)
- Defendant (6)
- Defense (6)
- Due process (6)
- Eighth Amendment (6)
- Katz v. United States (6)
- Publication Year
- Publication
- Publication Type
Articles 241 - 270 of 337
Full-Text Articles in Criminal Law
Annual Survey Of Virginia Law: Criminal Law, Marla Graff Decker, John Hills Mclees Jr.
Annual Survey Of Virginia Law: Criminal Law, Marla Graff Decker, John Hills Mclees Jr.
University of Richmond Law Review
This article summarizes all published criminal law decisions of the Supreme Court of Virginia and the major criminal law decisions of the Virginia Court of Appeals sitting en banc, issued between July 1, 1997, and July 1, 1998. Due to space limitations, however, the article includes only a few selected published panel opinions of the Virginia Court of Appeals. Also, this article includes a summary df the criminal law opinion from the Supreme Court of the United States which arose from a Virginia case during the period stated above. And finally, this article summarizes the most significant enactments from the …
The Federalization Of Crime: Too Much Of A Good Thing?, Charles D. Bonner
The Federalization Of Crime: Too Much Of A Good Thing?, Charles D. Bonner
University of Richmond Law Review
Headlines announcing recent declines in crime rates have become commonplace across the United States. In 1997, Atlanta, Georgia, experienced a 22% drop in homicides, an 11% decline in burglaries, and a 21% decline in larceny. In Washington, D.C., the number of homicides dropped 24% in 1997. From 1996 to 1997, the homicide rate in New York fell 23%; in Los Angeles it dropped 20%; and in San Antonio it dropped 17%.
Death In The Federal Courts: Expectations And Realities Of The Federal Death Penalty Act Of 1994, John P. Cunningham
Death In The Federal Courts: Expectations And Realities Of The Federal Death Penalty Act Of 1994, John P. Cunningham
University of Richmond Law Review
"Thou shalt not kill." These four words have echoed throughout the churches, judicial courts, and political meeting places of men and women for time immemorial. Along with their deep religious and political significance, they carry with them a haunting contrast to the current state of mankind: men and women can kill other men and women-legally. In the United States, this "legal" killing, commonly referred to as the "death penalty," traditionally takes place within the confines of the individual state judicial systems, and generally involves the execution of felons tried and convicted of some form of intentional murder.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
How Much Should Mind Matter? Mens Rea In Theft And Fraud Sentencing, James Gibson
How Much Should Mind Matter? Mens Rea In Theft And Fraud Sentencing, James Gibson
Law Faculty Publications
This article discusses the U.S. Sentencing Commission’s vote to potentially revise the definition of loss. Anyone who has followed the Commission's deliberations on loss will see that the proposed definition attempts to address many of the contentious issues that have arisen in the case law and commentary. The issues that the proposed definition concentrates on, however, such as credits, interest, causation, and gain, tend to inform the inquiry into "actual loss" rather than "intended loss," even though the latter concept is integral to both definitions. Although neither the current nor the proposed definition provides much guidance for working with intended …
State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton
State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton
Richmond Journal of Law & Technology
With the proliferation of online activities in recent years, legal thinkers and the criminal justice system have faced new questions concerning the conflict of state criminal laws. These new questions have old answers; the doctrine of constructive presence has established a state's authority to prescribe an out-of-state activity that has in-state effects. Beyond the mechanical application of jurisdictional rules, however, there lie deeper policy questions concerning the fairness of subjecting computer users to multiple, inconsistent bodies of law. Cyberspace exists in all jurisdictions, and in no particular jurisdiction, at once. There is an apparent tension between the free flow of …
The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson
The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson
University of Richmond Law Review
Before allowing a child who has alleged that he or she has been abused to testify at trial, a judge must be satisfied that the child is competent. In other words, the judge must find that the child has the ability to "observe, record, recollect and recount as well as an understanding of the duty to tell the truth." Determining whether children with certain developmental disorders are competent to testify has recently presented the courts with some difficult issues, as evidenced by a recent case in which the Supreme Court of Kansas upheld a conviction based primarily on the apparent …
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, Betty Layne Desportes, Steven D. Benjamin
Annual Survey Of Virginia Law: Criminal Law And Procedure, Betty Layne Desportes, Steven D. Benjamin
University of Richmond Law Review
This article discusses holdings and trends in the published cases of the Virginia Court of Appeals and the Supreme Court of Virginia from August 1996 to July 1997. Although the form of this article generally follows the same form used by prior authors, several subject headings have been renamed to reflect the current focus of the courts. For example, during this period the court of appeals grappled with the "community caretaker" doctrine, bifurcated sentencing proceedings in felony cases, jury selection, and various hearsay exceptions. The supreme court addressed an indigent defendant's right to expert assistance, administrative license suspensions, and speedy …
Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke
Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke
University of Richmond Law Review
The following is part two of a two-part article that critiques death penalty habeas corpus. Partone of this article included discussionsof the ineffective assistanceof counsel and the federal habeas corpus exhaustion requirement. 29 U. RICH. L. REV. 1327 (1995). Part two of this article,which follows, discusses issues related to retroactivity in habeas corpus proceedings and procedural default.
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
University of Richmond Law Review
This article discusses recent Virginia cases and legislative developments in the area of criminal law and procedure. The article discusses cases from April of 1995 to July of 1996 and legislative changes effective July 1, 1996. This article does not discuss federal developments. Nor does the article discuss death penalty issues, as that area of the law is sufficiently particularized that, for purposes of manageability, it falls outside the scope of this discussion.
Some Thoughts On Bifurcated Sentencing In Non-Capital Felony Cases In Virginia, Thomas D. Horne
Some Thoughts On Bifurcated Sentencing In Non-Capital Felony Cases In Virginia, Thomas D. Horne
University of Richmond Law Review
The punishment stage of a jury trial poses a difficult test for the conflicting attitudes and opinions of individual jurors. In the search for a mature, well-reasoned, and educated verdict, an understanding of the sentencing process by those controlling the flow of information is the best insurance against decisions which spring from passion, prejudice, and personal bias. Given recent legislative changes affecting sentencing in non-capital felony cases, such an understanding is not susceptible to hornbook solutions. This paper will attempt to put those changes in the context of existing sentencing practices and of related evidentiary issues. It is hoped that …
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, Cullen D. Seltzer
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
University of Richmond Law Review
The past year has been an active one for the Virginia courts and General Assembly in the areas of criminal law and procedure. Developments include cases regarding the allowance of expert assistance to indigent criminal defendants and a defendant's right to a new trial based on after-discovered evidence. Driving under the influence [DUI] defendants are no longer entitled to their choice of a blood or breath test as a function of the implied consent law, and for felons convicted of committing an offense after December 31, 1994, parole is no longer an option. This article surveys these and other legislative …
Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part One), Alan W. Clarke
Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part One), Alan W. Clarke
University of Richmond Law Review
Habeas corpus was once a broad writ of liberty: it served to give meaning to expanding notions of due process, it forced state judicial systems to obey constitutional commands, and it made effective modern conceptions of fundamental fairness. Although a simple implement of humble origin, U.S. habeas corpus became inextricably interwoven with the substantive rights it enforced. Without a practical remedy, cutting across state boundaries and affording uniform access, the substantive rights themselves lose meaning. A right without remedy is a right without meaning. Thus, habeas corpus became an important part of the substantive rights that it enforced.
Money Laundering And Drug Trafficking: A Question Of Understanding The Elements Of The Crime And The Use Of Circumstantial Evidence, Thomas M. Dibiagio
Money Laundering And Drug Trafficking: A Question Of Understanding The Elements Of The Crime And The Use Of Circumstantial Evidence, Thomas M. Dibiagio
University of Richmond Law Review
Drug trafficking in the United States generates millions of dollars in cash profits daily. The cash generated from narcotics trafficking usually follows one of two distinct paths. Domestically, the profits are converted into usable currency by disguising the association between the cash and the narcotics enterprise. Monies not spent domestically are transferred back to the nar- cotics source or drug cartel to be enjoyed by the drug traffickers and to provide operating capital for the enterprise. This conversion and transfer process has become known commonly as money laundering.
Putting The Brakes On Carjacking Or Accelerating It? The Anti Car Theft Act Of 1992, F. Georgann Wing
Putting The Brakes On Carjacking Or Accelerating It? The Anti Car Theft Act Of 1992, F. Georgann Wing
University of Richmond Law Review
"We cannot put up with this kind of animal behavior. These people have no place in decent society, and ... they can go to jail and they can stay in jail and they can rot in jail for crimes like that." Soon after speaking those words, on October 25, 1992, President George Bush signed the Anti Car Theft Act of 1992 in Detroit, Michigan. For the citizens of Detroit, it was a fitting response to the crime that was coined "carjacking" and popularized in the same city-the Motor City-in the heat of the summer of 1991. Earlier federal legislation, the …
Rico And The "Operation Or Management" Test: The Potential Chilling Effect On Criminal Prosecutions, Ira H. Raphaelson, Michelle D. Bernard
Rico And The "Operation Or Management" Test: The Potential Chilling Effect On Criminal Prosecutions, Ira H. Raphaelson, Michelle D. Bernard
University of Richmond Law Review
For more than two decades, prosecutors, plaintiffs' lawyers, the civil and criminal defense bar, and the dourts have struggled with the coverage of the Racketeer Influenced Corrupt Organizations Act ("RICO" or the "Act"). The Supreme Court has interpreted the Act many times in both criminal and civil cases. For the most part, the high Court has applied the mandatory "liberal" interpretation language of the law to expand the scope of the statute in criminal cases. However, in the civil cases considered, the Supreme Court has generally restricted the scope of the Act.
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.
Executive Clemency In Post-Furman Capital Cases, Michael L. Radelet, Barbara A. Zsembik
Executive Clemency In Post-Furman Capital Cases, Michael L. Radelet, Barbara A. Zsembik
University of Richmond Law Review
In the 1972 case of Furman v. Georgia, the United States Supreme Court invalidated virtually all existing death penalty statutes in the United States. Consequently, those jurisdictions that wanted to continue to execute were forced to revise their capital sentencing procedures. Since Furman,nearly all aspects of American death penalty law have been rewritten. Left unchanged by both the courts and the legislatures, however, are the ways in which states decide which death-sentenced inmates will have their sentences commuted through the powers of executive clemency.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
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.
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 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.
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.
Pardon For Good And Sufficient Reasons, Kathleen Dean Moore
Pardon For Good And Sufficient Reasons, Kathleen Dean Moore
University of Richmond Law Review
The preamble to an executive grant of clemency from the Presi- dent of the United States implies that pardons are granted on the basis of "premises,... good and sufficient reasons." Yet, pardons have not always been regarded as the sort of acts that need to be justified by argument. In fact, most presidential pardons are issued without any statement of justification beyond the assurance that good reasons do exist. As a result, the issue of what constitutes good and sufficient reasons for a presidential pardon is seldom addressed and still unresolved.
The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver
The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver
University of Richmond Law Review
The scholarly literature on capital punishment includes few empirical studies of executive clemency. Commutations in capital cases have been rare since 1972 when the current era of capital punishment began with the United States Supreme Court's ruling in Furman v. Georgia. A large proportion of pre-1972 death sentences were commuted; examination of clemency decisions in those cases promises to reveal much about the history of capital punishment in the United States. The present study attempts to identify factors which influenced decisions to grant commutations of Florida death sentences pre-Furman, focusing particularly on whether the race of defendants and victims influenced …
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 Virginia Court of Appeals continued to be the primary contributor to the development of substantive and procedural criminal law in Virginia. As it has in years past, the court ruled on numerous Fourth Amendment questions, particularly with respect to investigatory detention. Other significant rulings dealt with double jeopardy, discovery, due process, and trial procedure.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.