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Vilifying The Vigilante: A Narrowed Scope Of Citizen's Arrest, Ira P. Robbins
Vilifying The Vigilante: A Narrowed Scope Of Citizen's Arrest, Ira P. Robbins
Ira P. Robbins
The doctrine of citizen’s arrest in the United States has been ignored for far too long. In every jurisdiction in the United States, a private person may lawfully detain another and often may even use physical force to do so. Placing such power in the hands of ordinary, untrained individuals creates the possibility that citizens will misuse or abuse the privilege, sometimes with serious consequences for both the arrestor and the arrestee. This risk is compounded by the disparate treatment of the citizen’s arrest doctrine in different jurisdictions and the ambiguities inherent in many of the doctrine’s key features—such as …
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins
Ira P. Robbins
Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior modification facility at a distant location. What sounds like a clear-cut case of kidnapping is complicated by the fact that the child's parents not only authorized this intervention, but also paid for it. This scarcely publicized practice-known as the youth-transportation industry-operates on the fringes of existing law. The law generally presumes that parents have almost unlimited authority over their children, but the youth-transportation industry has never been closely examined regarding exactly what …
Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira P. Robbins
Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira P. Robbins
Ira P. Robbins
Allocution-the penultimate stage of a criminal proceeding at which the judge affords defendants an opportunity to speak their last words before sentencing-is a centuries-old right in criminal cases, and academics have theorized about the various purposes it serves. But what do sitting federal judges think about allocution? Do they actually use it to raise or lower sentences? Do they think it serves purposes above and beyond sentencing? Are there certain factors that judges like or dislike in allocutions? These questions-and many others-are answered directly in this first-ever study of judges' views and practices regarding allocution. The authors surveyed all federal …
The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins
The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins
Ira P. Robbins
"Not guilty" these two simple words elicit intense relieffrom any defendant at the conclusion qf a criminal trial. As one harrowing ordeal ends, however, a new one inevitably takes shape: picking up the pieces of a life shattered physically, emotionally, and, for non- indigent defendants, financially. Where do defendants who have successfully defended themselves against criminal prosecution turn for assistance in paying the debts incurred in securing their freedom?
Some states, as well as the federal government, have implemented laws that allow acquitted defendants to seek public reimbursement of certain legal expenses they incurred in their defense. These reimbursement methods …
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins
Ira P. Robbins
The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence nor
the opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property,
without due process of law[.]” While prosecutors may offer many justifications to support the practice of naming
unindicted co-conspirators, these reasons …
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira P. Robbins
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira P. Robbins
Ira P. Robbins
INTRODUCTION:
Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- …
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira P. Robbins
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira P. Robbins
Ira P. Robbins
Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'
Double Inchoate Crimes, Ira P. Robbins
Double Inchoate Crimes, Ira P. Robbins
Ira P. Robbins
American criminal law treats the inchoate crimes of attempt, conspiracy, and solicitation as substantive offenses punishable by criminal sanctions. The legal system criminalizes the types. of behavior that constitute these offenses to intervene before an actor completes the intended illegal act. Some jurisdictions now recognize the concept of double inchoate crimes, punishing inchoate offenses that are the immediate objects of other inchoate offenses. In this Article, Professor Robbins examines the concept of double inchoate crimes, first by tracing the evolution of inchoate offenses and then by reviewing the judicial development of double inchoate crimes. Arguing that double inchoate crimes are …
Impact Of The Delegation Doctrine On Prison Privatization, Ira P. Robbins
Impact Of The Delegation Doctrine On Prison Privatization, Ira P. Robbins
Ira P. Robbins
Few people would argue that the state of our nation's prisons and jails is ideal. Apart from whatever other ills plague these institutions, overcrowding is pervasive. Populations have doubled in a decade, and with preventive detention, mandatory minimum sentences, habitual offender statutes, and the abolition of parole in some jurisdictions, there is no relief in sight. Some states are even leasing or purchasing prison space in other states. And it is costing the taxpayers more than seventeen million dollars a day to operate the facilities, with estimates ranging up to sixty dollars a day per inmate.
Privatizing Corrections: Defining The Issues, Ira P. Robbins
Privatizing Corrections: Defining The Issues, Ira P. Robbins
Ira P. Robbins
No abstract provided.
Should Prisons Be Privately Run?: No Quick Fixes, Ira P. Robbins
Should Prisons Be Privately Run?: No Quick Fixes, Ira P. Robbins
Ira P. Robbins
No abstract provided.
Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira P. Robbins
Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira P. Robbins
Ira P. Robbins
Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.
Solipsism And Criminal Liability, Ira P. Robbins
Solipsism And Criminal Liability, Ira P. Robbins
Ira P. Robbins
A viable legal system and a free society can endure and progress only by continuing to debate fundamental principles. Thus, often it is useful to return to underlying precepts in order to refine and comprehend more fully the contemporary state of knowledge. This article posits the case of the solipsist-one who denies the existence of all physical reality and maintains that his own ego alone exists-as a criminal defendant. Others, most notably Professor Lon L. Fuller, have expounded upon the manifold ways in which certain harsh necessities, externally impose upon common people, can test the rules of the criminal law. …
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins
Ira P. Robbins
The 1960's marked a watershed for the criminal justice system. In such areas as search and seizure, right to counsel and the privilege against self-incrimination, the federal courts first defined substantive constitutional rights and then imposed them upon disinclined functionaries at the state level. At first, these innovations raised thorny questions of constitutional interpretation about the rights involved, but, as is especially visible in the search and seizure area, the debate more recently has focused on the remedy chosen by the Supreme Court for enforcing these rights against the states.' This pattern of escalating federal involvement in the criminal justice …
Learning By Redoing, Review Of A. Von Hirsch, Doing Justice: The Choice Of Punishments, Ira P. Robbins
Learning By Redoing, Review Of A. Von Hirsch, Doing Justice: The Choice Of Punishments, Ira P. Robbins
Ira P. Robbins
Book review of Doing Justice: The Choice of Punishments. By Andrew von Hirsch. New York: Hill & Wang, 1976. Pp. xi, 179. $8.95.