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Articles 151 - 178 of 178

Full-Text Articles in Criminal Procedure

Filling In The Gaps Of Virginia Bail Reform, R. Bryan Hatchett Jan 1980

Filling In The Gaps Of Virginia Bail Reform, R. Bryan Hatchett

University of Richmond Law Review

The 1960's and early 1970's witnessed an unprecedented reform of the bail laws of this country. The reform has made it possible for a greater percentage of criminal defendants to be released before trial thereby avoiding the stigma and considerable prejudice flowing from incarceration. Even though the reform has also produced a modest increase in the number of persons who fail to appear for trial, on balance critical response to the reform has been favorable.


Rights Of The Convicted Felon On Parole, Howard E. Hill Jan 1979

Rights Of The Convicted Felon On Parole, Howard E. Hill

University of Richmond Law Review

The forfeiture of various civil rights upon conviction of a felony is no modem innovation. Conviction of a crime in the Roman Republic resulted in the deprivation of many of the same rights denied convicted felons today. Most statutes define a "felony" in terms of the possible punishment for a particular act rather than in descriptions of the actual conduct forbidden. In Virginia "such offenses as are punishable with death or confinement in the penitentiary are felonies," while "all other offenses are misdemeanors." One unfortunate enough to be convicted of a felony becomes subject to sanctions imposed by the state. …


Virginia's Insanity Defense: Reform Is Imperative, William C. Waddell Iii Jan 1979

Virginia's Insanity Defense: Reform Is Imperative, William C. Waddell Iii

University of Richmond Law Review

Virginia is no exception to the statement that a great deal of time and energy has been expended by writers in addressing the defense ofinsanity. Unfortunately, instead of generating some notable reform, this fact has served to desensitize the legislators, the legal profession, and the public in this controversial area. In view of the current knowledge in the field of psychiatry, the approach for implementing the insanity defense in Virginia courts is not satisfactory.


Sentencing In Criminal Cases: How Great The Need For Reform?, Anthony P. Giorno Jan 1979

Sentencing In Criminal Cases: How Great The Need For Reform?, Anthony P. Giorno

University of Richmond Law Review

For many years, the sentencing process of the criminal justice system sought to achieve four goals: deterrence, rehabilitation, incapacitation of the offender, and retribution for society and the victim. The achievement of these goals was implemented in the majority of jurisdictions through imposition of an indeterminate sentence and discretionary release by an administrative body-traditionally a parole board. This approach allowed courts to announce relatively long sentences as a deterrent to future criminal behavior and to placate the victim and society, but tempered the punishment by allowing early release on an individual basis as soon as the offender had been rehabilitated.


Barring Slayers' Acquisition Of Property Rights In Virginia: A Proposed Statute, Sandra Gross Schneider Jan 1979

Barring Slayers' Acquisition Of Property Rights In Virginia: A Proposed Statute, Sandra Gross Schneider

University of Richmond Law Review

The above passage by Justice Benjamin Cardozo clearly reflects the age-old maxim of the common law, Nullus commodurn caperepotest de injuria sua propria, which expounds the philosophy that no individual shall profit from his own wrong. The present Virginia statute concerning homicide and succession to property was enacted by the legislature to reflect this common law policy. However, because of the very narrow scope of the statute and the requirement that it be strictly construed, it is presently inadequate to respond to many of the issues facing our judges in Virginia. Section 64.1-18 of the Virginia Code states that no …


Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii Jan 1978

Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii

University of Richmond Law Review

This comment explores one facet of the issue of inmate civil rights: the right to marry. An analysis will be made of the current situation nationwide with particular emphasis on Virginia, including proposed guidelines for Virginia's Department of Corrections that reflect the current national trend with regard to inmate marriages.


Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis Jan 1978

Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis

University of Richmond Law Review

In Miranda v. Arizona, the United States Supreme Court set forth a series of specific guidelines to determine the admissibility at trial of statements elicited during police interrogation of a criminal suspect. Since 1971, the Burger Court has whittled away at the mandates of Miranda. It is possible that one major factor underlies this erosion process: the very frustrating reality that, in many situations, an obviously guilty party is allowed to go free because "the constable has blundered."


Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst Jan 1977

Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst

University of Richmond Law Review

The endless parade of humanity that passes before the benches of Virginia's general district courts accused of minor offenses presents to those charged with deciding these cases one of the most challenging judicial tasks of our day. The challenge in addition to deciding guilt or innocence is also determining what to do with those judged guilty. Those decisions influence to one degree or another the direction of peoples lives for their own and society's good or ill. Most of the offenders appearing before these courts are young people, often first offenders. The behavior patterns of their lives are not yet …


The Criminal Justice Standards And Goals Process In Virginia, Ronald J. Bacigal Jan 1977

The Criminal Justice Standards And Goals Process In Virginia, Ronald J. Bacigal

University of Richmond Law Review

Throughout its history, the criminal law has developed primarily through judicial interpretation of case law and legislative enactment of statutes. It is only in the recent past that an effort has been made to apply the planning process of standards and goals to the criminal justice system. At the national level, the impetus has come primarily from the American Bar Association (ABA) Project on Standards for Criminal Justice, which has been in existence for over ten years and has been widely publicized, and from the National Advisory Commission (NAC) on Criminal Justice Standards and Goals. In 1971, the NAC stated …


Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia? Jan 1976

Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia?

University of Richmond Law Review

While presumptions and burdens of proof have generally eluded effective analysis, the presumption of malice has almost defied it. Notwithstanding a common law origin and the significance that instructions of the presumption of malice have played in many murder trials in Virginia, the presumption has constantly been under attack. This comment will explore the meaning of the presumption of malice and determine whether Virginia's approach violates the due process clause of the fourteenth amendment in light of the recent Supreme Court decision of Mullaney v. Wilbur.


Revision Of Virginia's Criminal Code Jan 1975

Revision Of Virginia's Criminal Code

University of Richmond Law Review

On October 1, 1975 the criminal justice system of the Commonwealth of Virginia began to operate under revised codes of criminal law and procedure. Enacted during the last legislative session, Titles 18.2 and 19.2 contain an impressive array of new laws with which judges, lawyers, and law enforcement officers should quickly become familiar. In many instances, these new laws go far beyond recodification of existing laws. Several represent substantive changes which are quite controversial and remain hotly debated since the close of the legislative session.


Search And Seizure- Permissible Scope Of A Search Incident To A Valid Custodial Arrest Jan 1974

Search And Seizure- Permissible Scope Of A Search Incident To A Valid Custodial Arrest

University of Richmond Law Review

While the fourth amendment does not make a warrant mandatory for all searches, it does require that all searches meet the test of reasonableness. The search incident to a lawful arrest is one of the well-established exceptions to the warrant requirement. The incidental search doctrine and the exclusionary rule were first discussed by the United States Supreme Court in Weeks v. United States. The Supreme Court's failure to enunciate definitive standards in defining the permissible scope of a search incident to an arrest has created numerous problems for the courts and police. The limitations on the permissible scope of a …


Search And Seizure- Knowledge Of Fourth Amendment Rights Not A Prerequisite To A Valid Consent Search Jan 1974

Search And Seizure- Knowledge Of Fourth Amendment Rights Not A Prerequisite To A Valid Consent Search

University of Richmond Law Review

The fourth amendment to the United States Constitution, applicable to the states through the fourteenth amendment, guarantees to every citizen the indefeasible right to be secure against unreasonable searches and seizures. As a response to a long history of English colonial abuses, the fourth amendment was intended by the drafters of the Bill of Rights to be a safeguard against governmental misuse of the writs of assistance' and the general warrant. The Supreme Court has broadly interpreted the constitutional mandate of the fourth amendment as proscribing all searches and seizures which do not comply with its stringent provisions. However, certain …


The Burger Court: Discord In Search And Seizure, Robert S. Irons Jan 1974

The Burger Court: Discord In Search And Seizure, Robert S. Irons

University of Richmond Law Review

The accession of Mr. Chief Justice Burger to the Supreme Court of the United States was expected to signal the limitation of constitutional doctrines by which the Court had enhanced the rights of the criminal defendant. The fulfillment of this expectation has been generally marked by decisions which have been readily and quickly comprehensible. For example, the prosecution was prohibited by the Warren Court from employing any products of the defendant's custodial interrogation in the absence of a warning of his right to counsel and his right to remain silent; the statement so procured is still barred in the case …


New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr. Jan 1974

New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr.

University of Richmond Law Review

The traditional characterization of the writ of habeas corpus as an original ... civil remedy for the enforcement of the right to personal liberty, rather than as a stage of the state criminal proceedings or as an appeal therefrom . . . cannot be permitted to defeat the manifest federal policy that federal constitutional rights of personal liberty shall not be denied without the fullest opportunity for plenary federal judicial review.


An Introduction To Virginia's New Rules Of Criminal Practice And Procedure, Murray J. Janus Jan 1972

An Introduction To Virginia's New Rules Of Criminal Practice And Procedure, Murray J. Janus

University of Richmond Law Review

On January 1, 1972 the new Virginia Rules of Criminal Practice and Procedure became effective, some three and one-half years after the President of the Virginia State Bar Association appointed a Special Committee to draft these proposed Rules. Mr. Justice Thomas C. Gordon, Jr., was appointed Chairman of the Committee in June of 1968. Peter C. Manson, Professor of Criminal Law at the University ,of.Virginia,acted as consultant for the Committee and he made available special student assistants who were invaluable with their research. In addition, two judges of courts of record with criminal jurisdiction, the Honorable Edmund P. Simpkins, Jr., …


Recent Legislation, J. Rodney Johnson Jan 1972

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.


Federal Court Intervention In Pending State Criminal Prosecutions- The Significance Of Younger V. Harris Jan 1972

Federal Court Intervention In Pending State Criminal Prosecutions- The Significance Of Younger V. Harris

University of Richmond Law Review

The recent United States Supreme Court decision of Younger v. Harris along with its companion cases represent the most significant development in the area of federal-state court relations since the Court decided Dombrowski v. Pfister in 1965. Dombrowski created grave doubts over the continued validity of the long established public policy against federal court interference with state court proceedings. Civil libertarians were quick to seize upon the broad assertions in that case as support for their efforts toward expanding the concept of federal court intervention in state criminal prosecutions. Though the Court was given the opportunity to reconcile the conflicting …


Plea Bargaining: The Case For Reform Jan 1972

Plea Bargaining: The Case For Reform

University of Richmond Law Review

Although plea bargaining has not been openly recognized or sanctioned by most courts, it has become quite widespread and effective. Due to this lack of formal recognition, no uniform plea bargaining procedure has been developed, but generally, an accused is encouraged to plead guilty in exchange for some concession, the most familiar being a promise by the prosecutor to ask the court for leniency. Such concession is far from being the only "reward" offered by the state; indeed, if it were the only one, the practice would not have flourished as it has. Depending upon the particular laws of the …


Deadlocked Juries-The "Allen Charge" Is Defuse Jan 1972

Deadlocked Juries-The "Allen Charge" Is Defuse

University of Richmond Law Review

A deadlocked jury remains an ever-present problem to a judge whose docket is filled with cases to be litigated. Throughout history, crude methods of coercion have been -employed by judges to pry a verdict from a deadlocked jury. While such methods have long since been abandoned, a more subtle, though equally effective, device known as the "Allen charge" is still utilized today to bring about the same result.


Criminal Procedure- Virginia's Limited Use Of A Two-Trial System Jan 1972

Criminal Procedure- Virginia's Limited Use Of A Two-Trial System

University of Richmond Law Review

It has long been the general assumption in criminal cases in the United States that the fair trial provided for by the Federal Constitution contemplates a unitary one wherein all of the issues are deliberated within a single proceeding, with verdict, and punishment if any, in the form of a single pronouncement. A recent Virginia case, however, has held that the issues of guilt and punishment are severable and may be tried separately where particular circumstances exist.


Right To Hearing Upon Extension Of Probation Jan 1971

Right To Hearing Upon Extension Of Probation

University of Richmond Law Review

Aside from the fact that its use was originally limited and random in nature, the historical origin of the probation process is uncertain. Revolutionary changes in the theories controlling the treatment of convicted criminals, however, has resulted in the development of probation into the most widely used form of correctional treatment.


In Forma Pauperis Relief- An Endless Road? Jan 1971

In Forma Pauperis Relief- An Endless Road?

University of Richmond Law Review

At early common law, a pauper seeking judicial relief prayed to the English Justices in Eyre for a cost-free deliverance. Today, the prayer is the same but the deliverance is provided through in forma pauperis statutes.


The Quest For Balance In Bail: The New South Wales Experience, R.P. Roulston Jan 1970

The Quest For Balance In Bail: The New South Wales Experience, R.P. Roulston

University of Richmond Law Review

The right to bail is as old as the law of England itself and it is, as Lord Devlin has remarked, "indeed curious that fundamental questions concerning it have never been settled. The system so far has worked satisfactorily without providing any occasion for their resolution."


Recent Legislation Jan 1970

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.


Criminal Restitution: A Survey Of Its Past History And An Analysis Of Its Present Usefulness, Richard E. Laster Jan 1970

Criminal Restitution: A Survey Of Its Past History And An Analysis Of Its Present Usefulness, Richard E. Laster

University of Richmond Law Review

In the complex structure often inappropriately designated the system of criminal justice,a there are few visible signs of consideration for the party who suffers most from criminal activity-the victim. Yet, historically, this was not always the situation, nor is it necessarily true today in countries other than the United States. Even in the United States compensation plans for victims of crime have been passed by a few state legislatures, and most state statutes on probation allow restitution by the criminal to his victim as a condition thereof. In addition, at the less visible levels of the criminal legal process, restitution …


Recent Cases Jan 1966

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1966.


Recent Cases Jan 1963

Recent Cases

University of Richmond Law Review

This article provides a list of the recent cases and their summaries for the year of 1963.