Criminal Law Commons^™

Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson

University of Richmond Law Review

No abstract provided.

The Electronic Recording Of Criminal Interrogations, Roberto Iraola

University of Richmond Law Review

Should law enforcement officers be required to record, by video or audiotape, custodial interrogations of suspects? If so, how much, the entire interrogation or just the confession? Many prosecutors and police departments maintain that a recording requirement will hamper law enforcement and discourage suspects from talking. Proponents of this measure argue that the recording of interrogations protects against false confessions, augments the effective administration of justice, and serves to improve the relationship between the public and the police.

This article generally examines the developing case law on this question. Because of the incriminating nature of confessions, the article, by way …

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

University of Richmond Law Review

This article examines the most significant cases from the Supreme Court of Virginia and the Court of Appeals of Virginia over the past year. The article also outlines some of the most consequential changes to the law enacted by the Virginia General Assembly during the 2005 Session in the field of criminal law and procedure.

How Panels Affect Judges: Evidence From United States District Courts, Ahmed E. Taha

University of Richmond Law Review

Recent research has shown that judges on panels decide cases differently than they do individually. Understanding these panel effects is essential to understanding and predicting judicial behavior. This Article uses a unique naturalexperiment, and interviewsof United States district court judges who participatedin this ex-periment, to empirically investigate panel effects. Specifically, in fourteen district courts the judges chose to sit in an en banc panelto decide the constitutionalityof the FederalSentencing Guide- lines; in fifty-three other districts, the judges decided the issue in- dividually instead. This Article compares the decisions and the characteristicsof these districts to study how panels affect judicialdecision making …

Apprendi's Limits, R. Craig Green

University of Richmond Law Review

No abstract provided.

United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu

University of Richmond Law Review

No abstract provided.

Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witness, Robert P. Mosteller

University of Richmond Law Review

No abstract provided.

An Evidentiary Paradox: Defending The Character Evidence Prohibition By Upholding A Non-Character Theory Of Logical Relevance, The Doctrine Of Chances, Edward J. Imwinkelried

University of Richmond Law Review

No abstract provided.

Table Of Contents

University of Richmond Law Review

No abstract provided.

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

University of Richmond Law Review

No abstract provided.

Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp

University of Richmond Law Review

No abstract provided.

Try, Try Again: Will Congress Ever Get It Right? A Summary Of Internet Pornography Laws Protecting Children And Possible Solutions, Susan Hanley Kosse

University of Richmond Law Review

No abstract provided.

Does Time Eclipse Crime? Stogner V. California And The Court's Determination Of The Ex Post Facto Limitations On Retroactive Justice, Ryan D. Frei

University of Richmond Law Review

No abstract provided.

New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers

University of Richmond Law Review

No abstract provided.

Sattazahn V. Pennsylvania: Double Jeopardy And The Definition Of "Acquittal" In Capital-Sentencing Proceedings, Matthew G. Howells

University of Richmond Law Review

No abstract provided.

Rethinking Theft Crimes In Virginia, John G. Douglass

University of Richmond Law Review

No abstract provided.

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins

University of Richmond Law Review

No abstract provided.

Two Sides Of A "Sargasso Sea": Successive Prosecution For The "Same Offence" In The United States And The United Kingdom, Lissa Griffin

University of Richmond Law Review

No abstract provided.

Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard

University of Richmond Law Review

No abstract provided.

The Blurry Line Between "Mad" And "Bad": Is "Lack-Of-Control" A Workable Standard For Sexually Violent Predators?, Georgia Smith Hamilton

University of Richmond Law Review

In January 1993, thirty-one-year-old Michael Crane entered a tanning salon in Johnson County, Kansas and exposed himself to the nineteen-year-old female attendant. Thirty minutes later, he entered a nearby video store and waited for all of the customers to leave. Once the store was empty, Crane exposed himself to the twenty-year-old female clerk, threatened to rape her, grabbed her by the back of the neck, and demanded that she perform oral sex on him. He then suddenly and abruptly stopped the attack and ran out ofthe store.

Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl

University of Richmond Law Review

The Fourth Amendment to the United States Constitution is "designed 'to prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals." The Amendment is currently interpreted as consisting of two separate clauses, the first generally prohibiting unreasonable searches and seizures, and the second requiring the establishment of probable cause prior to the issuance of a warrant. Hence, only those government searches and seizures requiring a warrant necessitate the establishment of probable cause, and all other searches and seizures simply need to be "reasonable."

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Criminal Law And Procedure, William J. Dinkin, Cullen D. Seltzer

University of Richmond Law Review

Because a large amount of the docket for the Court of Appeals of Virginia is comprised of criminal cases, and since the General Assembly regularly turns its attention to the questions of crime and punishment, in almost any year there are a great number of substantial developments in the criminal law. This past year was no exception. This article surveys developments in criminal law and procedure in Virginia from July 2000 to July 2001. Although this article is intended to survey significant developments over the past year, the reader is cautioned to bear in mind several important caveats.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Criminal Law And Procedure, Michael Edmund O'Neill

University of Richmond Law Review

The Commonwealth of Virginia is so named (as opposed to being denominated simply a "state") because the term "commonwealth" is used to indicate a government in which "supreme power is vested in the people."' That term is particularly apt, for in what better way does a government provide for the common weal of its people than by protecting them against crime, while at the same time respecting their individual rights and liberties? This is a delicate balance, one that is reflected in this survey of the most recent developments in Virginia criminal law and procedure. The legislative enactments and judicial …

Annual Survey Of Virginia Law: Criminal Law, Carolyn V. Grady, Jennifer M. Newman

University of Richmond Law Review

This article summarizes most published criminal law decisions of the Supreme Court of Virginia and the Virginia Court ofAppeals sitting en banc, issued between July 1, 1998 and July 1, 1999. This article also includes selected published panel opinions oftheVirginia Court of Appeals and a summary of the most significant criminal law enactments from the 1999 session of the Virginia General Assembly.

The Extension Of The Bruton Rule At The Expense Of Judicial Efficiency In Gray V. Maryland, Richard F. Dzubin

University of Richmond Law Review

"An argument broke out between [Kevin] and Stacey in the 500 block of Louden Avenue. Stacey got smacked and then ran into Wildwood Parkway. Me, [Kevin], and a few other guys ran after Stacey .... We beat Stacey up."

Abrogating The Exclusionary Rule Outside Of The Criminal Trial Context? Pennsylvania Board Of Probation & Parole V. Scott: One Step Closer To A Per Se Rule In Fourth Amendment Jurisprudence, Richard F. Dzubin

University of Richmond Law Review

As citizens of the United States, most of us would abhor warrantless police intrusion into our homes. The Fourth Amendment protects all citizens against unreasonable searches and seizures. When unaccompanied by a valid search warrant, a search of a residence is presumptively unreasonable. Thus, the law proscribes overly-aggressive investigatory methods that trammel the rights of American citizens. What happens, however, when the protected right belongs to a paroled felon suspected of violating the conditions of his parole? In Pennsylvania Board of Probation & Parole v. Scott, the United States Supreme Court refused to extend to parolees the remedies which are …

The Confusion Of Causes And Reasons In Forensic Psychology: Deconstructing Mens Rea And Other Mental Events, Joel R. Cornwell

University of Richmond Law Review

The public perception that criminal conduct is increasingly excused on psychological grounds, notwithstanding a markedly small statistical success rate of diminished capacity defenses, evinces misplaced frustration over a broader cultural reluctance or inability to assign moral blame. Psychology is seen as feeding a kind of determinism that rationalizes evil behavior and precludes retributive punishment as a matter of scientific principle. This perception is accurate to the degree that it reveals our legal system's fundamental confusion of purposes in judging and explaining criminal behavior. This confusion is engendered by the indeterminacy of language, which entangles the verificationist mode and purpose of …