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Articles 271 - 300 of 337
Full-Text Articles in Criminal Law
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 in its role as the most significant contributor to criminal case law. The court ruled on a myriad of issues; the recurring topics involved arrest and investigatory detention, self-defense, the execution of search warrants, double jeopardy, the admissibility of eye-witness identification, and the circumstances and admissibility of a police interrogation. Also, the court ruled on numerous trial and procedural questions regularly encountered by the circuit courts and criminal practitioners.
The Limits Of Litigation - The Dalkon Shield Controversy, J. R. Zepkin
The Limits Of Litigation - The Dalkon Shield Controversy, J. R. Zepkin
University of Richmond Law Review
The Limits of Litigation-The Dalkon Shield Controversy is a tightly written, interesting book. It takes the reader from the beginning of the litigation concerning the contraceptive device to the bankruptcy settlement for the claimants. Professor Ronald J. Bacigal provides insight into the competing perspectives of the litigants as these cases crawled through the courts. The book reveals how the physical and emotional injuries that were suffered by so many women placed great pressure on the trial judges to force a resolution.
Twice Condemned: Slaves And The Criminal Laws Of Virginia, 1705-1865 (Book Review), Edward L. Ayers
Twice Condemned: Slaves And The Criminal Laws Of Virginia, 1705-1865 (Book Review), Edward L. Ayers
History Faculty Publications
Review of the book, Twice Condemned: Slaves and the Criminal Laws of Virginia, 1705-1865, by Philip J. Schwarz. Baton Rouge: Louisiana University Press, 1988.
Substantial Connection And The Illusive Facilitation Element For Civil Forfeiture Of Narcoband In Drug Felony Cases, Steven S. Biss
Substantial Connection And The Illusive Facilitation Element For Civil Forfeiture Of Narcoband In Drug Felony Cases, Steven S. Biss
University of Richmond Law Review
When Stanford Bradshaw returned home from the mall, Halifax County, Virginia, police officers arrested him for possession of cocaine. A subsequent search of his residence produced forty-nine grams of cocaine, a set of scales and a little over $17,000 in cash stuffed in a bank bag. Bradshaw was a cocaine addict who occasionally sold drugs from his house. Although he knew he had committed a serious crime, Bradshaw did not imagine the ultimate consequence of his criminal activity. The Commonwealth's Attorney seized Bradshaw's house and instituted forfeiture proceedings: the most powerful weapon in its arsenal. As a result of his …
When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal
When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal
Law Faculty Publications
In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .
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
A police officer's detention of a citizen is a "seizure" of the person for purposes of the fourth amendment, and must be reasonable in light of the totality of the circumstances. Significant police encounters fall into two categories-the brief investigatory detention and the more intrusive, full-blown arrest.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Obstacles To Holding A Parole Official In Virginia Liable For The Negligent Release Or Supervision Of A Parolee, Diane Miller Lowder
Obstacles To Holding A Parole Official In Virginia Liable For The Negligent Release Or Supervision Of A Parolee, Diane Miller Lowder
University of Richmond Law Review
With the continuing problem of overcrowded prisons, parole board officials have been under increasing pressure to release prisoners before the natural termination of their sentences. As a consequence, the public suffers the risk that the parolee, once released, will commit a violent crime. If this should occur, the question then becomes whether the injured individual can, as a result, hold the parole board civilly liable for the negligent release or supervision of the parolee.
Criminal Prosecutions In Environmental Law: A Study Of The "Kepone" Case, Ronald J. Bacigal, Margaret I. Bacigal
Criminal Prosecutions In Environmental Law: A Study Of The "Kepone" Case, Ronald J. Bacigal, Margaret I. Bacigal
Law Faculty Publications
The effectiveness of criminal prosecutions in the environmental law area is often disparaged. Some commentators suggest that corporate behavior is not significantly affected by criminal convictions because fines that are adequate to deter individual pollutors often have little impact on multi-million dollar corporations. Such a contention, however is challenged by the history surrounding the prosecution of the Allied Chemical Corporation for the pollution caused by the pesticide Kepone. The successful prosecution of the Kepone case dramatically altered Allied's corporate behavior had a significant impact on legislative and administrative inspection schemes, and led to the establishment of an endowment for improvement …
Annual Survey Of Virginia Law: Criminal Law, Richard A. Williamson
Annual Survey Of Virginia Law: Criminal Law, Richard A. Williamson
University of Richmond Law Review
Effective January 1, 1985, the Court of Appeals of Virginia was established. The new intermediate appellate court possesses exclusive jurisdiction over appeals from any final judgment of conviction in a circuit court for a traffic violation or a crime, except where a sentence of death is imposed. The operation of the court of appeals is likely to have a twofold effect on the criminal justice system. First, it should reduce the current backlog of cases in the supreme court; second, it should produce an increase in the number of reported criminal decisions, thereby facilitating an understanding of criminal law and …
Double Jeopardy And The Commonwealth's Right To Writs Of Error In Criminal Cases, Roger D. Scott
Double Jeopardy And The Commonwealth's Right To Writs Of Error In Criminal Cases, Roger D. Scott
University of Richmond Law Review
In the 1986 legislative session, the Virginia General Assembly attempted to produce a constitutional amendment designed to expand the right of Commonwealth's Attorneys to appeal criminal cases. The Virginia Constitution prohibits appeals by the commonwealth in criminal cases in which the accused might be sentenced to death or imprisonment, unless the case involves state revenue. Advocates of an amendment to expand prosecutorial appeals have never fully explained the historical context of the prohibition against such appeals and their complex relationship to other constitutional, statutory, and common law provisions. The subject of prosecutorial appeals involves such fundamental legal issues as former …
New York V. Quarles:The "Public Safety" Exception To Miranda, John Randolph Bode
New York V. Quarles:The "Public Safety" Exception To Miranda, John Randolph Bode
University of Richmond Law Review
In New York v. Quarles, the Supreme Court attempted to limit the exclusionary sanction provided under Miranda v. Arizona. Quarles is a significant decision in the criminal procedure area not only because of the exception which it establishes, but because it represents "a legitimate effort by the Burger Court to reconcile the realities of effective law enforcement with the often hyper technical rules of criminal justice." Many observers have interpreted the Quarles decision as the long-awaited fruition of the conservatism now presiding over the Burger Court. However, the setting for Quarles can be traced back to the Miranda decision itself.
Virginia's Capital Murder Sentencing Proceeding: A Defense Perspective, Alan W. Clarke
Virginia's Capital Murder Sentencing Proceeding: A Defense Perspective, Alan W. Clarke
University of Richmond Law Review
Capital murder trials present a unique challenge to defense counsel. Many capital defendants are demonstrably guilty of heinous crimes, and a single-minded defense concentrating solely on acquittal in the face of overwhelming evidence of guilt will often alienate the jury. The lawyer who focuses entirely on the guilt stage without attending to the sentencing stage may be consigning his client to the electric chair. This article deals with the sentencing phase of a capital murder trial, where life imprisonment, the jury's only alternative to the death penalty, represents a victory for the defense.
Winfield V. Commonwealth: The Application Of The Virginia Rape Shield Statute, Philip L. Hatchett
Winfield V. Commonwealth: The Application Of The Virginia Rape Shield Statute, Philip L. Hatchett
University of Richmond Law Review
In Winfield v. Commonwealth, the Virginia Supreme Court held that the state's recently enacted rape shield statute could not restrict or infringe upon the defendant's sixth amendment right under the United States Constitution to confront his accusers. In overruling the trial judge, the court stated that section 18.2-67.7 of the Code of Virginia actually expanded the admissibility of evidence related to specific prior sexual conduct of the prosecutrix. By this ruling, Virginia has joined a minority of jurisdictions which have refused to recognize the special dilemma of the prosecutrix in a rape trial and to grant additional protections under her …
Virginia's Response To Computer Abuses: An Act In Five Crimes, Daniel R. Burk
Virginia's Response To Computer Abuses: An Act In Five Crimes, Daniel R. Burk
University of Richmond Law Review
The threat depicted in War Games has been both rebuked as impossible and highlighted as much closer to the realm of possibility than even the creators of the movie may have surmised. Regardless of the actual possibility of a creative mind breaking through the security of the North America Air Defense Command computer with an auto-dialing modem and the simple password "JOSHUA" the adventures of the curious "hackers" and the singularly-directed criminal have been widely publicized and have captured both the fear and respect of computer owners throughout the country.
Questions Surrounding Virginia's Death Penalty, James T. Lloyd Jr.
Questions Surrounding Virginia's Death Penalty, James T. Lloyd Jr.
University of Richmond Law Review
On August 10, 1982, Frank J. Coppola died in Virginia's electric chair. His was the fifth execution since the 1976 Supreme Court decision holding that a punishment of death was not unconstitutional per se. In the Commonwealth of Virginia, Coppola's was the first execution in over a decade.
Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal
Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal
University of Richmond Law Review
There is a well-recognized lack of consistency and clarity in fourth amendment decisions. At times, each search and seizure case seenis unique and the decisions appear to rest on factual determinations rather than on legal principles. Nonetheless, it is desirable to have some understanding of the basic principles of the fourth amendment, and the way in which these principles affect individual cases.
The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
University of Richmond Law Review
The rule that a party may rise no higher than his own testimony was first articulated in Virginia in Massie v. Firmstone. It has been criticized, misunderstood, and misapplied, but since its inception in 1922, it has grown into an important rule of evidence and procedure. The practitioner must consider the implications of the rule from the moment he begins to gather evidence that he expects to present in the form of live testimony.
The Insanity Defense In Virginia: An Evaluation, Steven D. Gravely
The Insanity Defense In Virginia: An Evaluation, Steven D. Gravely
University of Richmond Law Review
On March 30, 1981, John W. Hinckley, Jr. attempted to assassinate Ronald Reagan, the thirty-ninth President of the United States. More than fifteen months after his arraignment Hinckley was found "not guilty by reason of insanity" to each of the thirteen counts with which he was charged. Hinckley's successful use of the insanity defense has rekindled a debate that has raged for centuries concerning the rationality and propriety of the insanity defense. The controversy stems not only from the fact that the insanity defense is seldom used except in grievous felonies, specifically homicide, or spectacular crimes such as Hinckley's, but …
Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow
Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow
University of Richmond Law Review
The prison population in the United States is experiencing a period of tremendous growth. Due to the inability of prison construction to keep pace with this growth, prison facilities throughout the country have become severely overcrowded. "The typical prison of the last third of the twentieth century has changed relatively little from the institutions of 150 years earlier." Inmates, forced to live under these conditions, have flocked to the courts seeking relief. Yet, until its 1981 decision in Rhodes v. Chapman, the United States Supreme Court had never reviewed a case in which particular prison conditions were challenged as constituting …
Due Process Implications Of Prison Transfers, Eugene Murphy
Due Process Implications Of Prison Transfers, Eugene Murphy
University of Richmond Law Review
One of the several anomalies of prison life is the disparate protection afforded inmates transferred to higher security. Although both punitive and administrative transfers often place the inmate in the same building under almost identical conditions, only disciplinary transfers are generally conceded to give rise to due process protection. The inmate confined in isolation for fifteen days as punishment for misconduct is guaranteed a hearing with advance written notice and the rights to present testimony and receive a written decision. On the other hand, the prisoner confined indefinitely in segregation for supposed administrative reasons has such due process rights only …
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
University of Richmond Law Review
Society's traditional approach to women offenders has been focused on "women as prisoners and not.., prisoners as women." Harsh implications for female offenders who are mothers can result from the view that incarceration not only curtails the prisoner's freedom of movement but also terminates many of the individual's civil rights as well. In reality, these women are doubly penalized with a prison sentence as well as temporary or permanent loss of their parental rights. Modern courts are beginning to recognize that "[a] prisoner retains all of the rights of an ordinary citizen except those expressly, or by necessary implication, taken …
Virginia's Drug Paraphernalia Law, Michael J. Barbour
Virginia's Drug Paraphernalia Law, Michael J. Barbour
University of Richmond Law Review
With the enactment of sections 18.2-265.1 through -265.4 of the Virginia Code, Virginia has joined a growing number of states attempting to prohibit the sale of drug paraphernalia. Virginia's new drug paraphernalia law is designed to remedy a previously existing anomaly in Virginia: possession and sale of controlled substances were criminal offenses, yet the sale of devices facilitating the use of controlled substances was permissible.
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
University of Richmond Law Review
In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …
When Cops Are Robbers-Municipal Liability For Police Misconduct Under Section 1983 And Bivens, Brenda D. Crocker
When Cops Are Robbers-Municipal Liability For Police Misconduct Under Section 1983 And Bivens, Brenda D. Crocker
University of Richmond Law Review
Municipalities faced with rising crime rates, tighter budgets and an increasingly vocal populace often are pressed to make policy decisions which sacrifice important interests. When fiscal considerations predominate, there arises the danger that local police departments will be unable to fulfill their duty to ensure order in society without disturbing citizens' enjoyment of their civil rights. Until recently, improperly trained, supervised or disciplined police of- ficers merely subjected municipalities to embarrassment. However, with increasing success, citizens are arguing that they should be awarded damages against the municipality in every case where their civil rights have been deprived through police misconduct. …
Rhode Island V. Innis: A Workable Definition Of "Interrogation"?, Deborah L. Fletcher
Rhode Island V. Innis: A Workable Definition Of "Interrogation"?, Deborah L. Fletcher
University of Richmond Law Review
In Rhode Island v. Innis, the Supreme Court addressed for the first time the issue of what constitutes interrogation under Miranda v. Arizona. Innis is a significant decision in the criminal procedure area not only because of the workable standard for determining "interrogation" which it sets forth, but also because it signals the Burger Court's decision not to overrule Mirandaor to further disparage its effectiveness. However, Innis by no means represents a return to the Warren Court's solicitous approach to a suspect's Miranda rights. The Burger Court still has not raised Miranda's protections and strictures to the status of constitutionally …
Criminal Procedure And Criminal Law: Virginia Supreme Court Decisions During The 70'S, Michael J. Barbour, Thomas E. Carr, Sarah H. Finley, Jeannie L. Pilant
Criminal Procedure And Criminal Law: Virginia Supreme Court Decisions During The 70'S, Michael J. Barbour, Thomas E. Carr, Sarah H. Finley, Jeannie L. Pilant
University of Richmond Law Review
The purpose of this note is to examine the decisions of the Virginia Supreme Court during the period between 1970-1980 in the area of criminal procedure and substantive criminal law. Legislative changes will not be dealt with in depth except as they have affected these decisions. Because of space constraints, a complete review of all areas is impossible; therefore, review has been limited to those issues most likely to be of interest to the practicing attorney. The discussion will also attempt to establish the position of the Virginia Supreme Court on these matters in relation to the United States Supreme …
The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.
The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.
University of Richmond Law Review
Since the original Bill of Rights was drafted, the diverse warrant requirements necessary for reasonable searches and seizures under the fourth amendment have led to chaos and confusion. A dichotomy has existed between the requirements necessary for the search and seizure of property and those necessary for the search and seizure of persons. Generally, a warrant has been required when the object of the search and seizure was property while no warrant has been necessary for the seizure of an individual. The Supreme Court decision in Payton v. New York has erased much of this distinction, holding that the fourth …
Public Access To Criminal Trials: Richmond Newspapers, Inc. V. Virginia, Christopher C. Spencer
Public Access To Criminal Trials: Richmond Newspapers, Inc. V. Virginia, Christopher C. Spencer
University of Richmond Law Review
Richmond Newspapers, Inc. v. Virginia is, in the words of Justice Stevens, a "watershed case." For the first time, the Court recognized that some sort of first amendment right of access to government proceedings exists. The Court, in a plurality opinion (joined by two Justices, accompanied by five concurring opinions and one dissent), held that the right of the public to attend criminal trials is "implicit in the guarantees of the First Amendment."
Exploring The Limits Of Brady V. Maryland: Criminal Discovery As A Due Process Right In Access To Police Investigations And State Crime Laboratories, Walter H. Ohar
University of Richmond Law Review
Why not criminal discovery? This question has been posited by legal scholars and learned jurists alike since the liberalization of discovery methods under the modern codes of civil procedure. As inexact as the term criminal discovery may be and, according to its critics, as inapplicable as discovery may be in the criminal context, there is little doubt that the current trend is the expansion of that which is discoverable by either side prior to a criminal trial. In fact, criminal discovery has developed into something more than a problem of procedure to be resolved by the individual jurisdictions in piecemeal …