NCJ Number
39914
Journal
Virginia Law Review Volume: 62 Issue: 8 Dated: (DECEMBER 1976) Pages: 1337-1349
Date Published
1976
Length
13 pages
Annotation
THIS ARTICLE EXAMINES VIRGINIA'S RESENTENCING SYSTEM IN LIGHT OF RELEVANT US SUPREME COURT DECISIONS TO DETERMINE WHAT LIMITATIONS SHOULD GOVERN THE IMPOSITION OF SENTENCE AFTER A SECOND TRIAL IN VIRGINIA.
Abstract
THE FIRST PART OF THE ARTICLE ANALYZES VIRGINIA'S SENTENCING PROCEDURE, WITH EMPHASIS ON THE SHIFT FROM A PREDOMINATELY JURY-SENTENCING TO A PREDOMINATELY JUDGE-SENTENCING SYSTEM WITH RESTRUCTURED SENTENCING PROVISIONS ENACTED IN 1975. THE CONSTITUTIONAL STANDARDS GOVERNING HARSHER SENTENCES ON RETRIAL, WHICH FOCUS ON JUDGE SENTENCING ARE REVIEWED. THE CONSTITUTIONAL QUESTIONS RAISED BY VIRGINIA'S CURRENT SYSTEM, UNDER WHICH THE JURY ASCERTAINS THE SENTENCE AND THE JUDGE DECIDES WHETHER OR NOT IT SHOULD BE IMPOSED, AND THE ISSUE OF IMPOSING HARSHER SENTENCES ON RETRIAL ARE DISCUSSED. THE AUTHOR CONCLUDES THAT WHEN A HARSHER SENTENCE IS SETTLED UPON BY A JURY AFTER A RETRIAL AND THE JUDGE CONCURS, THEN THE JUDGE SHOULD BE COMPELLED BY JUDICIALLY IMPOSED REMEDY TO JUSTIFY HIS DECISION IN WRITING...EB