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Criminal Procedure Commons™

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Articles 91 - 120 of 178

Full-Text Articles in Criminal Procedure

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla Mar 2003

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett Jan 2003

Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett

University of Richmond Law Review

No abstract provided.


Two Sides Of A "Sargasso Sea": Successive Prosecution For The "Same Offence" In The United States And The United Kingdom, Lissa Griffin Jan 2003

Two Sides Of A "Sargasso Sea": Successive Prosecution For The "Same Offence" In The United States And The United Kingdom, Lissa Griffin

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard Nov 2002

Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 2001

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Criminal Law And Procedure, William J. Dinkin, Cullen D. Seltzer Jan 2001

Annual Survey Of Virginia Law: Criminal Law And Procedure, William J. Dinkin, Cullen D. Seltzer

University of Richmond Law Review

Because a large amount of the docket for the Court of Appeals of Virginia is comprised of criminal cases, and since the General Assembly regularly turns its attention to the questions of crime and punishment, in almost any year there are a great number of substantial developments in the criminal law. This past year was no exception. This article surveys developments in criminal law and procedure in Virginia from July 2000 to July 2001. Although this article is intended to survey significant developments over the past year, the reader is cautioned to bear in mind several important caveats.


University Of Richmond Law Review Jan 2000

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Criminal Law And Procedure, Michael Edmund O'Neill Jan 2000

Annual Survey Of Virginia Law: Criminal Law And Procedure, Michael Edmund O'Neill

University of Richmond Law Review

The Commonwealth of Virginia is so named (as opposed to being denominated simply a "state") because the term "commonwealth" is used to indicate a government in which "supreme power is vested in the people."' That term is particularly apt, for in what better way does a government provide for the common weal of its people than by protecting them against crime, while at the same time respecting their individual rights and liberties? This is a delicate balance, one that is reflected in this survey of the most recent developments in Virginia criminal law and procedure. The legislative enactments and judicial …


University Of Richmond Law Review Jan 1997

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Criminal Law And Procedure, Betty Layne Desportes, Steven D. Benjamin Jan 1997

Annual Survey Of Virginia Law: Criminal Law And Procedure, Betty Layne Desportes, Steven D. Benjamin

University of Richmond Law Review

This article discusses holdings and trends in the published cases of the Virginia Court of Appeals and the Supreme Court of Virginia from August 1996 to July 1997. Although the form of this article generally follows the same form used by prior authors, several subject headings have been renamed to reflect the current focus of the courts. For example, during this period the court of appeals grappled with the "community caretaker" doctrine, bifurcated sentencing proceedings in felony cases, jury selection, and various hearsay exceptions. The supreme court addressed an indigent defendant's right to expert assistance, administrative license suspensions, and speedy …


Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke Jan 1996

Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke

University of Richmond Law Review

The following is part two of a two-part article that critiques death penalty habeas corpus. Partone of this article included discussionsof the ineffective assistanceof counsel and the federal habeas corpus exhaustion requirement. 29 U. RICH. L. REV. 1327 (1995). Part two of this article,which follows, discusses issues related to retroactivity in habeas corpus proceedings and procedural default.


Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer Jan 1996

Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer

University of Richmond Law Review

This article discusses recent Virginia cases and legislative developments in the area of criminal law and procedure. The article discusses cases from April of 1995 to July of 1996 and legislative changes effective July 1, 1996. This article does not discuss federal developments. Nor does the article discuss death penalty issues, as that area of the law is sufficiently particularized that, for purposes of manageability, it falls outside the scope of this discussion.


Some Thoughts On Bifurcated Sentencing In Non-Capital Felony Cases In Virginia, Thomas D. Horne Jan 1996

Some Thoughts On Bifurcated Sentencing In Non-Capital Felony Cases In Virginia, Thomas D. Horne

University of Richmond Law Review

The punishment stage of a jury trial poses a difficult test for the conflicting attitudes and opinions of individual jurors. In the search for a mature, well-reasoned, and educated verdict, an understanding of the sentencing process by those controlling the flow of information is the best insurance against decisions which spring from passion, prejudice, and personal bias. Given recent legislative changes affecting sentencing in non-capital felony cases, such an understanding is not susceptible to hornbook solutions. This paper will attempt to put those changes in the context of existing sentencing practices and of related evidentiary issues. It is hoped that …


University Of Richmond Law Review Jan 1996

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer Jan 1995

Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer

University of Richmond Law Review

The past year has been an active one for the Virginia courts and General Assembly in the areas of criminal law and procedure. Developments include cases regarding the allowance of expert assistance to indigent criminal defendants and a defendant's right to a new trial based on after-discovered evidence. Driving under the influence [DUI] defendants are no longer entitled to their choice of a blood or breath test as a function of the implied consent law, and for felons convicted of committing an offense after December 31, 1994, parole is no longer an option. This article surveys these and other legislative …


Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part One), Alan W. Clarke Jan 1995

Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part One), Alan W. Clarke

University of Richmond Law Review

Habeas corpus was once a broad writ of liberty: it served to give meaning to expanding notions of due process, it forced state judicial systems to obey constitutional commands, and it made effective modern conceptions of fundamental fairness. Although a simple implement of humble origin, U.S. habeas corpus became inextricably interwoven with the substantive rights it enforced. Without a practical remedy, cutting across state boundaries and affording uniform access, the substantive rights themselves lose meaning. A right without remedy is a right without meaning. Thus, habeas corpus became an important part of the substantive rights that it enforced.


Statement By Toney Anaya On Capital Punishment, Toney Anaya Jan 1993

Statement By Toney Anaya On Capital Punishment, Toney Anaya

University of Richmond Law Review

I oppose capital punishment and was thrust into a position of having to put that opposition to the ultimate test - in 1986 commuted the death sentences of all those on "death row" in the New Mexico State Penitentiary.


Federal Executive Clemency Power: The President's Prerogative To Escape Accountability, James N. Jorgensen Jan 1993

Federal Executive Clemency Power: The President's Prerogative To Escape Accountability, James N. Jorgensen

University of Richmond Law Review

The United States Constitution vests the President with "power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." Although Virginia delegate Edmund Randolph raised concerns about the executive branch possibly abusing the pardon power to conceal criminal conduct at the Constitutional Convention, Randolph's colleagues relied upon the presumption that a president would not break the law and defeated his motion to limit presidential pardon power to cases of treason. Recently, the scandalous Iran-Contra affair has demonstrated that, contrary to the Framers' expectations, presidents may circumvent or directly violate federal laws.


University Of Richmond Law Review Jan 1993

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Brecht V. Abrahamson: Another Step Toward Evisceration Of Habeas Corpus, Lisa S. Spickler Jan 1993

Brecht V. Abrahamson: Another Step Toward Evisceration Of Habeas Corpus, Lisa S. Spickler

University of Richmond Law Review

As the amount of crime in this country increases, society is becoming more conscious of our criminal justice system. People are increasingly concerned with the outcome of criminal trials, specifically in assuring that crimes do not go unpunished. Determining guilt, ensuring that verdicts are not overruled on a "technicality," and issuing punishment have taken precedence over the protection of constitutional rights. However, the Constitution is not only concerned with the outcome of criminal trials. It is just as surely concerned with individual rights and process.


Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin Jan 1993

Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin

University of Richmond Law Review

During the past year, the Court of Appeals of Virginia continued to be the major contributor to the development of substantive and procedural criminal law in the Commonwealth. Many of the court's decisions concerned the characterization of. police-citizen encounters in the context of both Fourth Amendment law and the rights of an accused under Miranda v. Arizona. A number of cases concerned the admissibility of uncharged misconduct, and the numerous double jeopardy opinions involved case-by-case application of Grady v. Corbin, Blockburger v. United States, and related statutes. A growing body of procedural law concerned the propriety of impanelling jurors of …


Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil Jan 1993

Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil

University of Richmond Law Review

The idea of the last-minute reprieve granted by a distant, unknowable dispenser of mercy to a man condemned to death has a powerful hold on our imaginations. Fyodor Dostoevsky's eleventh hour pardon by the czar in many ways shaped his literary career. The scene of the haunted Death Row prisoner who awaits word from the governor as a ticking clock punctuates his final hours is a stock vignette of Hollywood crime films. Anyone who has ever seized on the slimmest hope, whose fate has been committed to the hands of another - virtually all of us - can identify with …


The Clemency Process In Virginia, Walter A. Mcfarlane Jan 1993

The Clemency Process In Virginia, Walter A. Mcfarlane

University of Richmond Law Review

When asked to contribute an article on the issue of clemency, I immediately knew the area I wanted to address: the procedural and practical aspects of the clemency process in Virginia. While numerous articles have been written about clemency, few have examined the procedural rules and none have comprehensively studied the executive viewpoint regarding this area of the law.


The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples Jan 1993

The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples

University of Richmond Law Review

When a governor commutes a sentence of death, typically to one of life imprisonment either with an extended mandatory term or without possibility of parole, how is this action to be understood? As former Governor Pat Brown's book about his commutation decisions illustrates, in a period of widespread support for the death penalty, each commutation contains an appeal for popular support and understanding as to why the decision was made. Where the case for commutation cannot be made to the public's satisfaction, a governor is not likely to act.


Hudson V. Mcmillian And Prisoners' Rights In The 1990s: Is The Supreme Court Now More Responsive To "Contemporaneous Standards Of Decency"?, L. Allan Parrott Jr. Jan 1992

Hudson V. Mcmillian And Prisoners' Rights In The 1990s: Is The Supreme Court Now More Responsive To "Contemporaneous Standards Of Decency"?, L. Allan Parrott Jr.

University of Richmond Law Review

The Eighth Amendment prohibits, among other things, "cruel and unusual punishment." In the prison context, the United States Supreme Court historically applied this clause solely to protect prisoners from unfair sentences. It was not until 1976, 185 years after the adoption of the Eighth Amendment that the Supreme Court found cruel and unusual punishment protections to apply to events or conditions experienced by prisoners during incarceration. In Estelle v. Gamble, the Court granted Eighth Amendment protections to a prisoner alleging deprivations during imprisonment. After 1976, the Court seemed to move away from the "hands-off' doctrine, which traditionally granted deference to …


Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin Jan 1992

Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin

University of Richmond Law Review

During the past year, the Virginia Court of Appeals continued to be the primary contributor to the development of substantive and procedural criminal law in Virginia. As it has in years past, the court ruled on numerous Fourth Amendment questions, particularly with respect to investigatory detention. Other significant rulings dealt with double jeopardy, discovery, due process, and trial procedure.


University Of Richmond Law Review Jan 1992

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1991

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin Jan 1991

Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin

University of Richmond Law Review

During the past year, the Virginia Court of Appeals continued in its role as the most significant contributor to criminal case law. The court ruled on a myriad of issues; the recurring topics involved arrest and investigatory detention, self-defense, the execution of search warrants, double jeopardy, the admissibility of eye-witness identification, and the circumstances and admissibility of a police interrogation. Also, the court ruled on numerous trial and procedural questions regularly encountered by the circuit courts and criminal practitioners.


Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall Jan 1989

Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall

University of Richmond Law Review

Once a cornerstone of American jurisprudence, the requirement of prosecution based upon grand jury indictment no longer stands unchallenged. Instead, alternate means of commencing prosecution, most notably by information and the preliminary hearing, have prompted lawmakers to look at the grand jury with a heightened scrutiny. Subsequently, such alternatives have become the primary prosecutorial tools in many states. Virginia, however, retains the grand jury system which was implemented in colonial times.