Criminal Procedure Commons^™

Non-Citizen Offenders And Immigration Crimes: New Challenges In The Federal System, Nora V. Demleitner, Jon M. Sands

Scholarly Articles

Not available.

Chambers V. Mississippi: The Hearsay Rule And Racial Evaluations Of Credibility, Andrew Elliot Carpenter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

United States V. Segers 271 F.3d 181 (4th Cir. 2001)

Capital Defense Journal

No abstract provided.

Proportionality Review: Still Inadequate, But Still Necessary, Cynthia M. Bruce

Capital Defense Journal

No abstract provided.

Pritchett V. Commonwealth 557 S.E.2d 205 (Va. 2002)

Capital Defense Journal

No abstract provided.

Terrorist Crime, Taliban Guilt, Western Victims, And International Law, Mark A. Drumbl

Scholarly Articles

On September 11th, 2001, al-Qaeda terrorists attacked the United States and killed approximately 3,000 civilians from 81 countries. Traditionally, international law treats armed attacks differently than criminal attacks. States launch armed attacks against other states; organized insurgency movements having some level of command or political structure also may launch internal armed attacks against state governments. Individuals or groups, on the other hand, initiate criminal attacks. The law responds to criminal attacks through investigation and trial. The law permits states to use force against other states in self-defense to armed attacks.The September 11th attack was a war-like attack undertaken against a …

Restorative Justice And Collective Responsibility: Lessons For And From The Rwandan Genocide, Mark A. Drumbl

Scholarly Articles

Genocide struck Rwanda in 1994. Since then, national and international trials have endeavored to promote reconciliation, deterrence, peace, justice, and human rights. This article posits a disconnect between these trials and the attainment of their avowed goals. This disconnect emerges in part from the influential agendas of international lawyers who equate selective criminal prosecution with the "rule of law" and espouse criminal prosecution as the preferred and uniform response to mass atrocity. Creating a presumption in favor of criminal prosecution has dampened the need to explore whether such trials actually are suitable for the particular afflicted society. A socio-legal analysis …

The Lawyer's Role When The Defendant Seeks Death, Ross E. Eisenberg

Capital Defense Journal

No abstract provided.

Va. Code Ann. S 19.2-270.4:1 (Michie Supp. 2001) Va. Code Ann. Ss 19.2-237.1 To 19.2-237.6 (Michie Supp. 2001)

Capital Defense Journal

No abstract provided.

Virginia Capital Case Clearinghouse Verdict Forms, Second Edition

Capital Defense Journal

No abstract provided.

When The Heck Does This Claim Accrue? Heck V. Humphrey's Footnote Seven And § 1983 Damages Suits For Illegal Search And Seizure, John Stanfield Buford

Washington and Lee Law Review

No abstract provided.

Using Dna Profiles To Obtain "John Doe" Arrest Warrants And Indictments, Frank B. Ulmer

Washington and Lee Law Review

No abstract provided.

No One Can Serve Two Masters: Arguments Against Private Prosecutors, Matthew S. Nichols

Capital Defense Journal

No abstract provided.

Establishing A Capital Defense Unit In Virginia: A Proposal To Increase The Quality Of Representation For Indigent Capital Defendants, Jeremy P. White

Capital Defense Journal

No abstract provided.

H.B. 2580 (Va. 2001)

Capital Defense Journal

No abstract provided.

Virginia Capital Case Clearinghouse Verdict Forms

Capital Defense Journal

No abstract provided.

Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller

Washington and Lee Law Review

No abstract provided.

Grouping Fraud And Money Laundering Under The Federal Sentencing Guidelines: The Need For Uniformity And Proportionality, Christopher J. Fernandez

Washington and Lee Law Review

No abstract provided.

Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant

Scholarly Articles

Two international criminal tribunals are developing and remaking much of international humanitarian law—the law of genocide, crimes against humanity, and war crimes. These are the International Criminal Tribunal for the Former Yugoslavia (“ICTY”)and the International Criminal Tribunal for Rwanda (“ICTR”).

For the first time, appellate practice and procedure have become vital to the development of international humanitarian law. These two ad hoc Tribunals have substantial appellate as well as trial jurisdiction. In this, they are quite different from their historic predecessors, the International Military Tribunals at Nuremberg and Tokyo following World War II, which had no appellate jurisdiction or appellate …

Juridical And Jurisdictional Disconnects, Mark A. Drumbl

Scholarly Articles

Although extraterritorial trials for human rights abusers certainly achieve some justice, this Article posits -- through a case-study of post-genocide Rwanda -- that the effects of such trials are circumscribed by the fact they may have little meaning among perpetrators and victims in post-conflict societies. This limited meaning particularly attaches to trials conducted extraterritorially through international tribunals as well as trials conducted in foreign national courts through the exercise of what loosely is called "universal jurisdiction." This circumscribed meaning results in these trials' having limited deterrence effects, although they may go some way to satisfying the deontological need to punish …

Overlooked Areas Of Federal Sentencing: Federal Enclaves, Indian Country, Transfer Of U.S. Prisoners From Abroad, Nora V. Demleitner, Jon M. Sands

Scholarly Articles

Not available.

Va. Code Ann. S 18.2-10(A) (Michie 2000) Va. Code Ann. S 19.2-264.4(A) (Michie 2000) Va. Code Ann. S 19.2-11.01(A)(3)(C) (Michie 2000)

Capital Defense Journal

No abstract provided.

Stopping A Vicious Cycle: Release, Restrictions, Re-Offending, Nora V. Demleitner

Scholarly Articles

Not available.

Smith V. Robbins 120 S. Ct. 746 (2000)

Capital Defense Journal

No abstract provided.

Procedural Default: A De Facto Exception To Civility?, Ashley Flynn

Capital Defense Journal

No abstract provided.

Bridging The Procedural Default Chasm, Matthew K. Mahoney

Capital Defense Journal

No abstract provided.

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

Scholarly Articles

The gap between international humanitarian law and environmental security should trouble international lawyers. Just as armed conflict often creates a context in which the most serious human rights abuses occur, so too, does it create a similar context for the infliction of wanton and extensive destruction to the environment. This destruction creates profound environmental insecurity. Part (II) of this Article explores the insecurities caused by the environmental consequences of armed conflict. Although the international community has shown considerable concern for the humanitarian consequences of war, it has been significantly more hesitant in accounting for war's environmental consequences. It is for …

Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl

Scholarly Articles

Following the 1994 Rwandan genocide, national and international trials set out to encourage national reconciliation, promote peace, punish perpetrators, foster a culture of human rights, and effect justice. In this Article, Professor Mark Drumbl questions the ability of these trials to achieve these goals and suggests they may in fact aggravate ethnic identity politics, thereby threatening Rwanda's long-term stability. He argues that the highly interdependent yet dualist nature of Rwandan society, together with the widespread level of participation in and victimization by the genocide, create a situation where accountability for the violence and the deterrence of future violence can be …

Sclerosis: Retributive Justice And The Rwandan Genocide, Mark A. Drumbl

Scholarly Articles

In the 1994 Rwandan genocide 800,000 people were massacred. The victims were overwhelmingly of the minority Tutsi ethnic group and the aggressors of the majority Hutu group. At present, 125,000 Hutu prisoners remain incarcerated while awaiting trial on genocide-related charges. This article argues that these trials, and the extensive incapacitation that necessarily precedes them, may do little to promote justice, regime legitimacy, or national reconciliation in Rwanda. This, in turn, raises broader questions about the role of criminal punishment and sentencing in situations of mass violence. Criminality usually attaches to deviant conduct. Mass political violence -- from Nazi Germany to …

Invaluable Tool Vs. Unfair Use Of Private Information: Examining Prosecutors' Use Of Jurors' Criminal History Records In Voir Dire, Lance Salyers

Washington and Lee Law Review

No abstract provided.