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Articles 121 - 150 of 178
Full-Text Articles in Criminal Procedure
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
University of Richmond Law Review
A police officer's detention of a citizen is a "seizure" of the person for purposes of the fourth amendment, and must be reasonable in light of the totality of the circumstances. Significant police encounters fall into two categories-the brief investigatory detention and the more intrusive, full-blown arrest.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
University of Richmond Law Review
In the landmark case of New Jersey v. T.L.O., the United States Supreme Court applied the fourth amendment to searches conducted by public school officials. This past term, in O'Conner v. Ortega, the Court held that the fourth amendment is also applicable to work-related searches conducted by public employers. As in New Jersey v. T.L.O., the Court rejected the probable cause standard in favor of a "reasonableness under all the circumstances" test to determine the constitutionality of such searches. This general "reasonableness" approach was also approved in Maryland v. Garrison, where the Court held that an "objectively understandable and reasonable" …
Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley
Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley
University of Richmond Law Review
There is little doubt that a prisoner's most important right is access to the courts. Without access, prisoners have neither a forum in which to question the conditions and constitutionality of their confinement, nor an arena in which to seek vindication of other alleged rights violations. Therefore, the right of access is the foundation upon which other prisoners' rights are built.
Annual Survey Of Virginia Law: Virginia Criminal Procedure, Ronald J. Bacigal
Annual Survey Of Virginia Law: Virginia Criminal Procedure, Ronald J. Bacigal
University of Richmond Law Review
Reversing a recent trend, the past year was relatively quiet with respect to search and seizure cases. The United States Supreme Court decided two cases dealing with open fields and the curtilage of a dwelling. Dow Chemical Co. v. United States held that the open areas of an industrial plant complex with numerous plant structures spread over an area of 2,000 acres are not analogous to the "curtilage" of a dwelling for purposes of aerial surveillance; such an industrial complex "is more comparable to an open field and as such is open to the view and observation of persons in …
Virginia's Jury Exemptions: Ripe For Reform, T. S. Ellis Iii, J. Thomas O'Brien Jr.
Virginia's Jury Exemptions: Ripe For Reform, T. S. Ellis Iii, J. Thomas O'Brien Jr.
University of Richmond Law Review
Jury exemptions are frequent targets of derisory comment. Who among us has not heard of the proverbial litigant who, upon hearing his lawyer describe juries and jury exemptions, remarked that only a fool would place his fate in the hands of seven or twelve people who were not smart enough to get excused through an exemption. Indeed, the number and scope of jury exemptions have grown so substantially over the years that it is not unreasonable to suppose that jury non-service is now the norm and jury service the exception.
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
University of Richmond Law Review
In Tennessee v. Garner, the United States Supreme Court rejected the common law rule which had permitted the use of deadly force to prevent the escape of an unarmed suspected felon. The Court held that deadly force cannot be used to prevent an escape unless the arresting officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. The United States Supreme Court noted that "apparently" Virginia was one of the few jurisdictions still following the common law rule. However, the only Virginia authority cited, Berry v. …
New York V. Quarles:The "Public Safety" Exception To Miranda, John Randolph Bode
New York V. Quarles:The "Public Safety" Exception To Miranda, John Randolph Bode
University of Richmond Law Review
In New York v. Quarles, the Supreme Court attempted to limit the exclusionary sanction provided under Miranda v. Arizona. Quarles is a significant decision in the criminal procedure area not only because of the exception which it establishes, but because it represents "a legitimate effort by the Burger Court to reconcile the realities of effective law enforcement with the often hyper technical rules of criminal justice." Many observers have interpreted the Quarles decision as the long-awaited fruition of the conservatism now presiding over the Burger Court. However, the setting for Quarles can be traced back to the Miranda decision itself.
Virginia's Capital Murder Sentencing Proceeding: A Defense Perspective, Alan W. Clarke
Virginia's Capital Murder Sentencing Proceeding: A Defense Perspective, Alan W. Clarke
University of Richmond Law Review
Capital murder trials present a unique challenge to defense counsel. Many capital defendants are demonstrably guilty of heinous crimes, and a single-minded defense concentrating solely on acquittal in the face of overwhelming evidence of guilt will often alienate the jury. The lawyer who focuses entirely on the guilt stage without attending to the sentencing stage may be consigning his client to the electric chair. This article deals with the sentencing phase of a capital murder trial, where life imprisonment, the jury's only alternative to the death penalty, represents a victory for the defense.
Winfield V. Commonwealth: The Application Of The Virginia Rape Shield Statute, Philip L. Hatchett
Winfield V. Commonwealth: The Application Of The Virginia Rape Shield Statute, Philip L. Hatchett
University of Richmond Law Review
In Winfield v. Commonwealth, the Virginia Supreme Court held that the state's recently enacted rape shield statute could not restrict or infringe upon the defendant's sixth amendment right under the United States Constitution to confront his accusers. In overruling the trial judge, the court stated that section 18.2-67.7 of the Code of Virginia actually expanded the admissibility of evidence related to specific prior sexual conduct of the prosecutrix. By this ruling, Virginia has joined a minority of jurisdictions which have refused to recognize the special dilemma of the prosecutrix in a rape trial and to grant additional protections under her …
Questions Surrounding Virginia's Death Penalty, James T. Lloyd Jr.
Questions Surrounding Virginia's Death Penalty, James T. Lloyd Jr.
University of Richmond Law Review
On August 10, 1982, Frank J. Coppola died in Virginia's electric chair. His was the fifth execution since the 1976 Supreme Court decision holding that a punishment of death was not unconstitutional per se. In the Commonwealth of Virginia, Coppola's was the first execution in over a decade.
Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal
Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal
University of Richmond Law Review
There is a well-recognized lack of consistency and clarity in fourth amendment decisions. At times, each search and seizure case seenis unique and the decisions appear to rest on factual determinations rather than on legal principles. Nonetheless, it is desirable to have some understanding of the basic principles of the fourth amendment, and the way in which these principles affect individual cases.
Virginia Criminal Procedure, Murray J. Janus
Virginia Criminal Procedure, Murray J. Janus
University of Richmond Law Review
Professor Ronald J. Bacigal of the T.C. Williams School of Law has made a valuable contribution to the criminal justice system with the recent publication of this book. Not only is the book well-written, but it is succinct and of a size that will easily fit into a lawyer's briefcase to accompany him to court. The manner in which the book is written is such that it can be readily understood by laymen interested in the law or used as the text for a course on criminal procedure in law school or college, and yet the book is detailed enough …
The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
University of Richmond Law Review
The rule that a party may rise no higher than his own testimony was first articulated in Virginia in Massie v. Firmstone. It has been criticized, misunderstood, and misapplied, but since its inception in 1922, it has grown into an important rule of evidence and procedure. The practitioner must consider the implications of the rule from the moment he begins to gather evidence that he expects to present in the form of live testimony.
"Arbeit Macht Frei:" Vocational Rehabilitation And The Release Of Virginia's Criminally Insane, Daryl B. Matthews, Patrick J. Coyne
"Arbeit Macht Frei:" Vocational Rehabilitation And The Release Of Virginia's Criminally Insane, Daryl B. Matthews, Patrick J. Coyne
University of Richmond Law Review
The release from confinement of persons acquitted by reason of insanity is one of the most perplexing problems of the criminal law. The insanity acquittee's release confronts our deepest fears, and the procedures which society employes in this process force us to face the difficult and often intractable issue of the responsibility of the criminally insane.
The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco
The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco
University of Richmond Law Review
The Supreme Court recently held in Chandler v. Florida, that absent a showing of actual prejudice, it is not per se unconstitutional to televise trials over the objection of the defendant. This decision has a direct bearing on state court procedures, as over one-half of the states currently permit television coverage of trials in one form or another. However, sheer numbers supporting a proposition do not make that proposition "right", nor does a Supreme Court decision upholding its constitutionality imply an unqualified stamp of approval. In fact, previous Supreme Court decisions have overturned convictions because the defendant's right to a …
Figuring Good-Time -- The Postconviction Process, Edward D. Barnes, Guy A. Sibilla
Figuring Good-Time -- The Postconviction Process, Edward D. Barnes, Guy A. Sibilla
University of Richmond Law Review
On July 1, 1981, a new statutory scheme for the administration of parole release became effective in Virginia. Although these new statutes which deal with the system of awarding credits for good conduct are not novel, only two other states, Arkansas and Texas, are reported to have implemented such a scheme. The following article addresses, in a general sense, the parole eligibility and release process in Virginia. This may provide some guidance for practicing attorneys and aid them in representing their clients' interests before the Virginia Parole Board. Additionally, the article reviews the newly introduced good conduct allowance system and …
Judicial Restraining Orders And The Media: Does It Really Matter Who Is Gagged?, James M. Jennings Ii
Judicial Restraining Orders And The Media: Does It Really Matter Who Is Gagged?, James M. Jennings Ii
University of Richmond Law Review
Writing in Bridges v. California, Justice Hugo Black observed forty years ago that "free speech and fair trials are two of the most cherished policies of our civilization, and it would be a trying task to choose between them." And yet, these constitutionally guaranteed rights have been in conflict since at least 1807.
Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow
Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow
University of Richmond Law Review
The prison population in the United States is experiencing a period of tremendous growth. Due to the inability of prison construction to keep pace with this growth, prison facilities throughout the country have become severely overcrowded. "The typical prison of the last third of the twentieth century has changed relatively little from the institutions of 150 years earlier." Inmates, forced to live under these conditions, have flocked to the courts seeking relief. Yet, until its 1981 decision in Rhodes v. Chapman, the United States Supreme Court had never reviewed a case in which particular prison conditions were challenged as constituting …
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
University of Richmond Law Review
Society's traditional approach to women offenders has been focused on "women as prisoners and not.., prisoners as women." Harsh implications for female offenders who are mothers can result from the view that incarceration not only curtails the prisoner's freedom of movement but also terminates many of the individual's civil rights as well. In reality, these women are doubly penalized with a prison sentence as well as temporary or permanent loss of their parental rights. Modern courts are beginning to recognize that "[a] prisoner retains all of the rights of an ordinary citizen except those expressly, or by necessary implication, taken …
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
University of Richmond Law Review
In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …
When Cops Are Robbers-Municipal Liability For Police Misconduct Under Section 1983 And Bivens, Brenda D. Crocker
When Cops Are Robbers-Municipal Liability For Police Misconduct Under Section 1983 And Bivens, Brenda D. Crocker
University of Richmond Law Review
Municipalities faced with rising crime rates, tighter budgets and an increasingly vocal populace often are pressed to make policy decisions which sacrifice important interests. When fiscal considerations predominate, there arises the danger that local police departments will be unable to fulfill their duty to ensure order in society without disturbing citizens' enjoyment of their civil rights. Until recently, improperly trained, supervised or disciplined police of- ficers merely subjected municipalities to embarrassment. However, with increasing success, citizens are arguing that they should be awarded damages against the municipality in every case where their civil rights have been deprived through police misconduct. …
Rhode Island V. Innis: A Workable Definition Of "Interrogation"?, Deborah L. Fletcher
Rhode Island V. Innis: A Workable Definition Of "Interrogation"?, Deborah L. Fletcher
University of Richmond Law Review
In Rhode Island v. Innis, the Supreme Court addressed for the first time the issue of what constitutes interrogation under Miranda v. Arizona. Innis is a significant decision in the criminal procedure area not only because of the workable standard for determining "interrogation" which it sets forth, but also because it signals the Burger Court's decision not to overrule Mirandaor to further disparage its effectiveness. However, Innis by no means represents a return to the Warren Court's solicitous approach to a suspect's Miranda rights. The Burger Court still has not raised Miranda's protections and strictures to the status of constitutionally …
Discovery And The Privacy Act: Exemption (B)(11) To The Conditions Of Disclosure: What Qualifies As An "Order Of The Court"?, John W. Williams
Discovery And The Privacy Act: Exemption (B)(11) To The Conditions Of Disclosure: What Qualifies As An "Order Of The Court"?, John W. Williams
University of Richmond Law Review
On December 31, 1974, President Gerald Ford signed the landmark Privacy Act of 1974 into law. One of the key concepts of the Act is the principle of disclosure limitation, which limits the ability of the federal government to disclose the contents of per- sonal records in its possession. In the words of the Senate Governmental Operations Committee, this principle "is designed to pre- vent.., the wrongful disclosure and use of personal files held by Federal agencies."
Criminal Procedure And Criminal Law: Virginia Supreme Court Decisions During The 70'S, Michael J. Barbour, Thomas E. Carr, Sarah H. Finley, Jeannie L. Pilant
Criminal Procedure And Criminal Law: Virginia Supreme Court Decisions During The 70'S, Michael J. Barbour, Thomas E. Carr, Sarah H. Finley, Jeannie L. Pilant
University of Richmond Law Review
The purpose of this note is to examine the decisions of the Virginia Supreme Court during the period between 1970-1980 in the area of criminal procedure and substantive criminal law. Legislative changes will not be dealt with in depth except as they have affected these decisions. Because of space constraints, a complete review of all areas is impossible; therefore, review has been limited to those issues most likely to be of interest to the practicing attorney. The discussion will also attempt to establish the position of the Virginia Supreme Court on these matters in relation to the United States Supreme …
The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.
The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.
University of Richmond Law Review
Since the original Bill of Rights was drafted, the diverse warrant requirements necessary for reasonable searches and seizures under the fourth amendment have led to chaos and confusion. A dichotomy has existed between the requirements necessary for the search and seizure of property and those necessary for the search and seizure of persons. Generally, a warrant has been required when the object of the search and seizure was property while no warrant has been necessary for the seizure of an individual. The Supreme Court decision in Payton v. New York has erased much of this distinction, holding that the fourth …
Public Access To Criminal Trials: Richmond Newspapers, Inc. V. Virginia, Christopher C. Spencer
Public Access To Criminal Trials: Richmond Newspapers, Inc. V. Virginia, Christopher C. Spencer
University of Richmond Law Review
Richmond Newspapers, Inc. v. Virginia is, in the words of Justice Stevens, a "watershed case." For the first time, the Court recognized that some sort of first amendment right of access to government proceedings exists. The Court, in a plurality opinion (joined by two Justices, accompanied by five concurring opinions and one dissent), held that the right of the public to attend criminal trials is "implicit in the guarantees of the First Amendment."
Exploring The Limits Of Brady V. Maryland: Criminal Discovery As A Due Process Right In Access To Police Investigations And State Crime Laboratories, Walter H. Ohar
University of Richmond Law Review
Why not criminal discovery? This question has been posited by legal scholars and learned jurists alike since the liberalization of discovery methods under the modern codes of civil procedure. As inexact as the term criminal discovery may be and, according to its critics, as inapplicable as discovery may be in the criminal context, there is little doubt that the current trend is the expansion of that which is discoverable by either side prior to a criminal trial. In fact, criminal discovery has developed into something more than a problem of procedure to be resolved by the individual jurisdictions in piecemeal …
Federal Habeas Corpus: Greater Protection For "Innocent" State Prisoners After Jackson V. Virginia, Jennie L. Montgomery
Federal Habeas Corpus: Greater Protection For "Innocent" State Prisoners After Jackson V. Virginia, Jennie L. Montgomery
University of Richmond Law Review
In Jackson v. Virginia, the Burger Court recently made an apparent "about face" with regard to the scope of powers extended to a federal habeas corpus court reviewing a state court conviction. On the basis of this ruling, habeas corpus petitioners may now demand federal court examination of whether the evidence produced at their trials was sufficient to justify a finding of guilt beyond a reasonable doubt. Jackson is, therefore, a significant step beyond the Warren Court rule that due process is violated only when the record is totally devoid of any evidence to support the conviction.
The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos
The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos
University of Richmond Law Review
The issue of third party confessions generates great controversy. The basic inquiry is, should confessions allegedly uttered by persons other than the defendant be admitted into evidence in a criminal trial? If so, under what conditions? How much discretion should a trial judge be afforded in determining whether this evidence should be admitted to exculpate a person charged with murder, armed robbery, or rape? Should the trial judge or the jury determine the reliability of the witness, the declarant, or the content of the confession itself? These considerations, in addition to due process arguments, have troubled criminal courts, legislators, and …