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Criminal Law and Procedure

Robert R. Rigg

Articles 1 - 3 of 3

Full-Text Articles in Law

“Are There No Prisons?” Mental Health And The Criminal Justice System In The United States, Robert R. Rigg Sep 2013

“Are There No Prisons?” Mental Health And The Criminal Justice System In The United States, Robert R. Rigg

Robert R. Rigg

Treating the mentally ill is a crisis in the criminal justice system throughout the United States. With the deinstitutionalization movement starting in the 1950’s, more and more individuals with serious mental illness were released into communities without treatment or services. As a result these individuals became involved in various criminal activities resulting in incarceration in jails and prisons throughout the country. This article explores the difficulties this influx of prisoners created in the criminal justice system, causing it to function as a defacto mental health provider without adequate resources. The application of Penrose’s Law, a theory that was developed …


The Postville Raid: A Postmortem, Robert R. Rigg Aug 2010

The Postville Raid: A Postmortem, Robert R. Rigg

Robert R. Rigg

In 2008, the largest immigration raid to date took place in Postville, Iowa. The target of the raid was Agriprocessors Inc., where an estimated 75% of its 968 employees were in the country illegally. In addition to the deportation of those taken into custody, the decision was made to criminally prosecute the seized individuals en masse. This represented a departure from the selected and targeted criminal prosecutions of prior immigration raids. The raid was scheduled for Monday, May 12, 2008.

Immigration and Customs Enforcement (ICE), the United States Attorney’s Office for the Northern District of Iowa, the United States Department …


The T-Rex Without Teeth: Evolving Strickland V. Washington And The Test For Ineffective Assistance Of Counsel, Robert R. Rigg Apr 2007

The T-Rex Without Teeth: Evolving Strickland V. Washington And The Test For Ineffective Assistance Of Counsel, Robert R. Rigg

Robert R. Rigg

When the United States Supreme Court decided Strickland v. Washington it created a doctrine of immense importance but having little impact. This has changed in the last several years as the Court used America Bar Association standards to review counsels performance. This article explores Strickland and three cases decided by the Court that will change how courts apply the Strickland test and how lawyers should alter their approach to representation.