Criminal Procedure Commons^™

Finding A Happy And Ethical Medium Between A Prosecutor Who Believes The Defendant Didn't Do It And The Boss Who Says That He Did, Melanie D. Wilson

Scholarly Articles

The increasing prevalence of DNA testing has proven that, at times, our criminal justice system renders wrongful convictions. Extrapolating from such significant errors, we can infer that smaller mistakes also occur. Because criminal prosecution is not an exact science, like DNA evidence, prosecutors can disagree about aspects of a case-whether to reward a cooperating defendant with a sentence reduction, whether to indict a defendant under a mandatory minimum statute, and even whether a defendant is guilty of a crime. This Essay examines the tension that arises when the prosecutor handling a case disagrees with her boss about one or more …

The Return Of Reasonableness: Saving The Fourth Amendment From The Supreme Court, Melanie D. Wilson

Scholarly Articles

Although there is no recipe for defining Fourth Amendment reasonableness, the Supreme Court produces its most anomalous Fourth Amendment outcomes when it decides "mixed" questions of reasonableness, assessing issues that turn on how ordinary, prudent citizens think and behave. The Court treats these mixed issues, combinations of fact and law, as if they raise purely legal questions. But mixed issues are more complex and require someone to determine historical facts, apply those facts to principles of Fourth Amendment law, and consider the totality of the circumstances, including taking into account community and cultural influences. The Supreme Court will take its …

Prosecutors "Doing Justice" Through Osmosis—Reminders To Encourage A Culture Of Cooperation, Melanie D. Wilson

Scholarly Articles

Cooperating defendants have proven to be necessary and valuable tools in preventing crime and prosecuting criminals. Federal prosecutors must exercise vigilance to thoughtfully decide how best to pursue the information cooperating defendants can provide. Such informed and good-faith judgment calls will inevitably require every prosecutor to weigh "the relative value or importance of different rights and interests and decide what, if any, action to take in response to a given tip. The DOJ and the ninety-three U.S. Attorneys can foster good decision-making by developing a culture of "doing justice" in which every prosecutor is encouraged.

Proceedings Of The Second International Humanitarian Law Dialogs, Sixtieth Anniversary Of The Genocide Convention: The Power Of A Word, Mark A. Drumbl

Scholarly Articles

Introductory lecture to the Second Annual International Humanitarian Law Dialogs.

The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was adopted sixty years ago. The legacy of the Genocide Convention is inextricable from the legacy of Nuremberg and the legal work of the Nuremberg prosecutors, some of whom join us today. To this end, celebrating Nuremberg also means celebrating the Genocide Convention.

Reconciling Ring V. Arizona With The Current Structure Of The Federal Capital Murder Trial: The Case For Trifurcation, Donald M. Houser

Washington and Lee Law Review

No abstract provided.

Offenses Involving Immigration, Naturalization And Passports: Model Sentencing Guidelines 211, 212, 213, 214, Nora V. Demleitner

Scholarly Articles

This article is part of the Model Sentencing Guidelines Working Group's project which is designed to develop a guidelines regime that would simplify the existing federal sentencing guidelines. Among the most frequently used guidelines in today's federal sentencing system are those pertaining to immigration offenses. Some of these guidelines are difficult and cumbersome to apply as the Commission asks courts to use too many sentencing factors, often without distinguishing them in importance. The proliferation of such factors has also restricted the power of federal courts to make their own decisions as to the severity of individual offenses. For that reason, …

The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio

Washington and Lee Law Review

No abstract provided.

The Price Of Pretrial Release: Can We Afford To Keep Our Fourth Amendment Rights?, Melanie D. Wilson

Scholarly Articles

The Fourth Amendment serves an important constitutional function. It protects the privacy of Americans from intrusions on their personal security. Few rights are held more sacred. When a person is arrested and faces the real likelihood of pretrial detention in jail, the person risks not only a reduction in his privacy rights, but also a loss of his liberty. In such circumstances, the arrested person should be able to bargain away some of his Fourth Amendment rights in exchange for the additional freedoms associated with release to home.

Undoubtedly, defendants forced to choose between incarceration and Fourth Amendment rights will …

In Booker'S Shadow: Restitution Forces A Second Debate On Honesty In Sentencing, Melanie D. Wilson

Scholarly Articles

The Supreme Court's January 2005 decision in Booker should induce Congress to enact legislation to remedy the constitutional invalidity of the MVRA and encourage the Department of Justice to revisit how restitution is charged, indicted, negotiated in plea agreements, proven at trial, and presented at sentencing hearings. The Booker decision is also a reminder to lower federal courts to adhere to the rule announced by the Supreme Court in Hughey v. United States, which limits the reach of orders of restitution. Congress, DOJ, and the federal courts should insist on candor in charging and sentencing to remedy the restitution …

Tipping The Scales: Seeking Death Through Comparative Value Argumentst, Erin Mccampbell

Washington and Lee Law Review

No abstract provided.

A Comment On Erin Mccampbell's Tipping The Scales: Seeking Death Through Comparative Value Arguments, Timothy J. Heaphy

Washington and Lee Law Review

No abstract provided.

Money Talks: An Indigent Defendant's Right To An Ex Parte Hearing For Expert Funding, Justin B. Shane

Capital Defense Journal

No abstract provided.

Ask And The Commonwealth Shall Receive: The Imbalance Of Virginia's Mental Health Expert Statute, Mark J. Goldsmith

Capital Defense Journal

No abstract provided.

Death By Ambush: A Plea For Discovery Of Evidence In Aggravation, Tamara L. Graham

Capital Defense Journal

No abstract provided.

"Continuing Threat" To Whom?: Risk Assessment In Virginia Capital Sentencing Hearings, Jessica M. Tanner

Capital Defense Journal

No abstract provided.

Constitutional Challenges, Risk-Based Analysis And Criminal History Databases: More Demands On The U.S. Sentencing Commission, Nora V. Demleitner

Scholarly Articles

Not available.

Smart Public Policy: Replacing Imprisonment With Targeted Nonprison Sentences And Collateral Sanctions, Nora V. Demleitner

Scholarly Articles

None available

Since When Is Dicta Enough To Trump Fourth Amendment Rights? The Aftermath Of Florida V. J.L., Melanie D. Wilson

Scholarly Articles

Unfortunately for individual liberty, and the inestimable right to personal security, the Supreme Court's extraneous language in its otherwise, well-reasoned decision in Florida v. J.L., and the lower federal courts' interpretation of that extraneous language, have jeopardized the Constitutional right to be free from capricious stops and frivolous frisks, both of which necessarily intrude on the sanctity of the person and sometimes "inflict great indignity and arouse strong resentment . . . ." When read logically and narrowly, the J.L. decision holds that an anonymous telephone tip, alone, does not give law enforcement a sufficient legal basis to stop or …

Plea Bargaining At The International Criminal Tribunal For The Former Yugoslavia, Ralph Henham, Mark Drumbl

Scholarly Articles

The International Criminal Tribunal for the former Yugoslavia (ICTY) increasingly has turned to plea bargains to resolve the cases before it. A number of factors motor this trend. One is administrative: the ICTY has been subject to considerable pressure from the United Nations Security Council and donor states to accelerate its work. Another is the desire to obtain acknowledgements of responsibility from perpetrators. Moreover, there is concern that, as time passes, the memories of witnesses dim. The rigours of direct and cross-examination may retraumatise those who have survived mass atrocity. ICTY judges also have expressed their understanding that guilty pleas …

For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Aaron G. Mccullough

Washington and Lee Law Review

No abstract provided.

Comment On For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Roger D. Groot

Washington and Lee Law Review

No abstract provided.

The Ictr And Justice For Rwandan Women, Mark A. Drumbl

Scholarly Articles

In this article, I hope to spring from the discussion of the ICTR's gender jurisprudence to a broader conversation that touches on the relationship between this jurisprudence and life for Rwandan women today. In particular, I'd like to consider three questions: What do both the gender jurisprudence and the jurisprudence at large of the ICTR mean to women, individually and collectively, in Rwanda? How do other modalities of accountability that operate in postgenocide Rwanda respond to gender violence and promote gender equality? What is the situation of Rwandan women today?

The New Russian Roulette: Brady Revisited, Jannice E. Joseph

Capital Defense Journal

No abstract provided.

Ring Around The Grand Jury: Informing Grand Jurors Of The Capital Consequences Of Aggravating Facts, K. Brent Tomer

Capital Defense Journal

No abstract provided.

Va. Code Ann. S 19.2-163.7*

Capital Defense Journal

No abstract provided.

Va. Code Ann. § 19.2-264.5*

Capital Defense Journal

No abstract provided.

Double Jeopardy And Capital Sentencing: Preserving The Implied Acquittal Of Death In The Wake Of Sattazahn V. Pennsylvania, Leslie Evans Wood

Washington and Lee Law Review

No abstract provided.

4th Cir. R. 22(A)

Capital Defense Journal

No abstract provided.

Standby Me: Self-Representation And Standby Counsel In A Capital Case, Meghan H. Morgan

Capital Defense Journal

No abstract provided.

United States V. Higgs 353 F.3d 281 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.