Criminal Procedure Commons^™

Problems In Domestic Violence: Should Victims Be Forced To Participate In The Prosecution Of Their Abusers?, Thomas L. Kirsch Ii

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Allocution For Victims Of Economic Crimes, Jayne W. Barnard

Faculty Publications

No abstract provided.

Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson

William & Mary Bill of Rights Journal

Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious …

Section 6: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Supreme Court's Backwards Proportionaility Jurisprudence: Comparing Judicial Review Of Excessive Criminal Punishments And Excessive Punitive Damages Award, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Public School Officials' Use Of Physical Force As A Fourth Amendment Seizure: Protecting Students From The Constitutional Chasm Between The Fourth And Fourteenth Amendments, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle

William & Mary Law Review

No abstract provided.

Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Admitting Expert Testimony On Battered Woman Syndrome In Virginia Courts: How Peeples Changed Virginia Self-Defense Law, Marybeth H. Lenkevich

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Delaware's Capital Jury Selection: Inadequate Voir Dire And The Problem Of Automatic Death Penalty Jurors, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Waiver Of The Right To Appeal Sentencing In Plea Agreements With The Federal Government, David E. Carney

William & Mary Law Review

No abstract provided.

Aveux Incités Par Les Officiers Chargés De L’Application De La Loi, L’Expérience Des Etats-Unis, Paul Marcus

Faculty Publications

No abstract provided.

Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The History Of The Special (Struck) Jury In The United States And Its Relation To Voir Dire Practices, The Reasonable Cross-Section Requirement, And Peremptory Challenges, James Oldham

William & Mary Bill of Rights Journal

In this Article, Professor Oldham provides a unique historical study of the special, or struck, jury in the United States. First, Professor Oldham discusses the influence of the 1730 English statute on eighteenth- century American law and reviews the procedures of several states in which the struck jury remains valid, in addition to the once authorized procedures that states have since declared invalid. He also analyzes the relationship between the struck jury and peremptory challenges. Second, Professor Oldham analyzes the special qualifications of the jurors comprising special juries in the context of the "blue ribbon," or "high-class, " jury, the …

Choosing Perspectives In Criminal Procedure, Ronald J. Bacigal

William & Mary Bill of Rights Journal

In this Article, Professor Bacigal examines the Supreme Court's use of various perspectives in examining the reasonableness of searches and seizures. Although the Supreme Court purports to rely on a consistent method of constitutional analysis when rendering decisions on Fourth Amendment issues, the case law in this area indicates that the Court is influenced sometimes by the citizen's perspective, sometimes by the police officers' perspective, and sometimes by the perspective of the hypothesized reasonable person.

After identifying the role of perspectives in a number of seminal Court decisions, Professor Bacigal discusses the benefits and limitations of the Court's reliance on …

Aggravating And Mitigating Factors: The Paradox Of Today's Arbitrary And Mandatory Capital Punishment Scheme, Jeffrey L. Kirchmeier

William & Mary Bill of Rights Journal

Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing schemes and total discretionary capital sentencing schemes violate the Eighth Amendment. According to Jeffrey Kirchmeier, the "guided discretion" capital sentencing scheme of sentencing factors that has developed, however, has the constitutional problems of both mandatory death penalties and unlimited discretion death penalties.

Justices Scalia, Blackmun, and Thomas have noted that the mandate of unlimited mitigating circumstances has resulted in an arbitrary system. Kirchmeier argues that today's sentencing scheme is arbitrary also because of undefined aggravating factors, unlimited nonstatutory aggravating factors, and victim impact evidence. According …

The Current State Of The Peremptory Challenge, Coburn R. Beck

William & Mary Law Review

No abstract provided.

Section 4: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Arrest: What's The Big Deal, Barbara J. Hart

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Evaluating The Effectiveness Of Mandatory Arrest For Domestic Violence In Virginia, Joel Garner

William & Mary Journal of Race, Gender, and Social Justice

The Commonwealth of Virginia has adopted a series of new provisions, scheduled to become effective, July 1, 1997. These provisions will provide directives for the criminal legal system in response to the issue of domestic violence. One of these provisions, the mandatory arrest of the "primary physical aggressor" in instances of assault and battery of a family or household member, is a matter of some controversy in Virginia and the nation. This article focuses on evaluating the effectiveness of the mandatory arrest provision in Virginia. The underlying premise of this article is that systematic evidence is different from personal experience, …

Virginia's Response To Family Violence, Harriet Russell

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Interview With John Klock, Renee Esfandiary, Krista Newkirk

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Sistema Da Justiça Criminal Nos Estados Unidos Da América Uma Visāo Resumida, Paul Marcus

Faculty Publications

No abstract provided.

A Decade Of Strickland's Tin Horn: Doctrinal And Practical Undermining Of The Right To Counsel, William S. Geimer

William & Mary Bill of Rights Journal

No abstract provided.

Bouncing "Checkbook Journalism": A Balance Between The First And Sixth Amendments In High-Profile Criminal Cases, James R. Cady

William & Mary Bill of Rights Journal

Legislation recently enacted in California attempts to preserve further the right of the accused to a fair trial and the integrity of judicial proceedings by allowing criminal prosecution of jurors and witnesses who would enter agreements for or accept payment, benefit, or other consideration in exchange for information pertaining to criminal trials. This note analyzes the constitutionality of this legislation through an evaluation and a balancing of the rights and interests of the accused, the jurors, the witnesses, the press, and the public implicated in criminal trials. Despite supporting compelling governmental interests, certain portions of the statutes are too broad, …

Rethinking The Jury, Phoebe A. Haddon

William & Mary Bill of Rights Journal

No abstract provided.

Herrera V. Collins: The Gateway Of Innocence For Death-Sentenced Prisoners Leads Nowhere, Vivian Berger

William & Mary Law Review

No abstract provided.

New Directions In The Right To Refuse Mental Health Treatment: The Implications Of Riggins V. Nevada, Bruce J. Winick

William & Mary Bill of Rights Journal

No abstract provided.

Introduction: Taking The Stand, Barbara A. Babcock

William & Mary Law Review

No abstract provided.