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Full-Text Articles in Law

Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins Dec 2013

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 ...


Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira P. Robbins Dec 2013

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 ...


"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins Dec 2011

"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins

Ira P. Robbins

Prosecutors sometimes use what are known as "bad juror" lists to exclude particular citizens from jury service. Not only does this practice interfere with an open and fair jury-selection process, thus implicating a defendant's right to be tried by a jury of his or her peers, but it also violates potential jurors' rights to serve in this important capacity. But who is on these lists? And is a prosecutor required to disclose the lists to defense counsel? These questions have largely gone unnoticed by legal analysts.
 
This Article addresses the prosecutor's duty to disclose bad-juror lists. It reviews ...


Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins Dec 2003

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 do ...


The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins Dec 1991

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins

Ira P. Robbins

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal convictions ...


The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira P. Robbins Dec 1979

The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira P. Robbins

Ira P. Robbins

Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditions or restrictions having no specific constitutional source for protection, a pretrial detainee in a federal correctional center has a right under the due process clause of the fifth amendment to be free from any punitive conditions or restrictions during detention. The Court further held that all of the challenged practices and conditions were valid because they were rationally related to the legitimate non-punitive purposes of the detention center. Thus, the correctional facility could place two detainees in a cell built for one, prohibit receipt ...