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Criminal Law Commons™

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University of Richmond Law Review

Articles 61 - 90 of 210

Full-Text Articles in Criminal Law

And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard Mar 2011

And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough Nov 2010

Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough

University of Richmond Law Review

The authors have endeavored to select from the many cases and bills those that have the most significant practical impact on the daily practice of criminal law in the Commonwealth. Due to space constraints, the authors have stayed away from discussing settled principles, with a focus on the "take away" for a particular case.


The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins May 2010

The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins

University of Richmond Law Review

In this essay, I contend that when evaluating the constitutionality of enhanced surveillance devices, the existing test for assessing the occurrence of a Fourth Amendment search should be modified. Specifically, I suggest that intrusiveness should be unambiguously adopted by the Court as the benchmark for assessing and defining the existence of a search under the Fourth Amendment. Moreover, intrusiveness should be clearly defined to require an examination of two factors: the functionality of a challenged form of surveillance and the potential for disclosure created by the device.


The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert Jan 2010

The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Michael T. Judge, Stephen R. Mccullough Nov 2009

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 Nov 2009

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 Nov 2009

Animal Law, K. Michelle Welch

University of Richmond Law Review

No abstract provided.


Does Strickland Prejudice Defendants On Death Row?, Kenneth Williams May 2009

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 Mar 2009

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 Mar 2009

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 Mar 2009

Run For The Border: Laptop Searches And The Fourth Amendment, Nathan Alexander Sales

University of Richmond Law Review

No abstract provided.


The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii Nov 2008

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 Nov 2008

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 May 2008

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 …


Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr. Nov 2007

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 Nov 2007

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. Nov 2007

Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.


Rethinking Dui Law In Virginia, Monte Kuligowski Nov 2007

Rethinking Dui Law In Virginia, Monte Kuligowski

University of Richmond Law Review

As the demand for safer roadways needs little supporting argument, I turn to the constitutional problem of strict criminal liability law, followed with a brief analysis of criminal intent and strict liability law within the criminal system, some examples of how other states have responded to the inherent tensions, and a few specific thoughts for the legislature to consider.


Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr. Nov 2007

Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.

University of Richmond Law Review

No abstract provided.


An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham May 2007

An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham

University of Richmond Law Review

No abstract provided.


The Challenge Of Implementing Atkins V. Virginia: How Legislatures And Courts Can Promote Accurate Assessments And Adjudications Of Mental Retardation In Death Penalty Cases, Richard J. Bonnie, Katherine Gustafson May 2007

The Challenge Of Implementing Atkins V. Virginia: How Legislatures And Courts Can Promote Accurate Assessments And Adjudications Of Mental Retardation In Death Penalty Cases, Richard J. Bonnie, Katherine Gustafson

University of Richmond Law Review

Our goal in this paper is to assist state courts and legislatures as they try to carry out the task that Atkins requires of them promoting fairness and accuracy in the assessment and adjudication of mental retardation. After addressing the definition ofmental retardation in Part I, we focus on its assessment in Parts II and III, highlighting several key requirements of a scientifi-cally and clinically adequate assessment.

Part II addresses the assessment of deficits in intellectual functioning, particularly on the measurement of intelligence as represented by an intelligence quotient. Appropriate IQ tests must be used, and the scores must be …


Improving Accuracy In Criminal Cases, Erik Lillquist May 2007

Improving Accuracy In Criminal Cases, Erik Lillquist

University of Richmond Law Review

No abstract provided.


Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan May 2007

Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan

University of Richmond Law Review

No abstract provided.


The Meaning Of Life (Or Limb): An Originalist Proposal For Double Jeopardy Reform, Justin W. Curtin May 2007

The Meaning Of Life (Or Limb): An Originalist Proposal For Double Jeopardy Reform, Justin W. Curtin

University of Richmond Law Review

No abstract provided.


"Don't Ask, Don't Tell": Negligent Hiring Law In Virginia And The Necessity Of Legislation To Protect Ex-Convicts From Employment Discrimination, Nancy B. Sasser May 2007

"Don't Ask, Don't Tell": Negligent Hiring Law In Virginia And The Necessity Of Legislation To Protect Ex-Convicts From Employment Discrimination, Nancy B. Sasser

University of Richmond Law Review

No abstract provided.


The Legal, Political, And Social Implications Of The Death Penalty, Hon. William W. Wilkins May 2007

The Legal, Political, And Social Implications Of The Death Penalty, Hon. William W. Wilkins

University of Richmond Law Review

A recent national poll found that sixty-five percent of Americans favor the death penalty. That's down from eighty percent ten years ago. Moreover, the total favoring the death penalty dropped to fifty percent when those polled were asked to assume that thealternative to the death penalty was life in prison with no chance of parole. And, the number of death sentences imposed in the United States during the last few years has dropped to the lowest level since capital punishment was reinstated thirty years ago. Thus, it would seem that our society's attitude toward capital punishment is changing. What was …


Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz May 2007

Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz

University of Richmond Law Review

No abstract provided.


Family And Juvenile Law, Robert E. Shepherd Jr. Nov 2006

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.


First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell Nov 2006

First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2006

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

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 enacted by the General Assembly in the areas of criminal law and procedure.