Download or read book Detention and Denial written by Benjamin Wittes and published by Rowman & Littlefield. This book was released on 2011-01-01 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Our current stalemate over detention serves nobody—not the military or any other component of the U.S. government that has to operate overseas.... It is a system that no rational combination of values or strategic considerations would have produced; it could have emerged only as a consequence of a clash of interests that produced a clear victory for nobody."—from the Introduction Benjamin Wittes issues a persuasive call for greater coherence, clarity, and public candor from the American government regarding its detention policy and practices, and greater citizen awareness of the same. In Detention and Denial, he illustrates how U.S. detention policy is a tangle of obfuscation rather than a serious set of moral and legal decisions. Far from sharpening focus and defining clear parameters for action, it sends mixed signals, muddies the legal and military waters, and produces perverse incentives. Its random operation makes a mockery of the human rights concerns that prompted the limited amount of legal scrutiny that detention has received to date. The government may actually be painting itself into a corner, leaving itself unable to explain or justify actions it may need to take in the future. The situation is unsustainable and must be addressed. Preventive detention is a touchy subject, an easy target for eager-to-please candidates and indignant media, so public officials remain largely mum on the issue. Many Americans would be surprised to learn that no broad principle in American jurisprudence actually prohibits preventive detention; rather, the law "eschews it except when legislatures and courts deem it necessary to prevent grave public harm." But the habeas corpus legal cases that have come out of the Guantánamo Bay detentionfacility—which remains open, despite popular expectations to the contrary—have addressed only a small slice of the overall issue and have not—and will not—produce a coherent body of policy. U.S. government and security forces need clear and consistent application of their detention policies, and Americans must be better informed about them. To that end, Wittes critiques America's current muddled detention policies and sets forth a detention policy based on candor. It would set clear rules and distinguish several types of detention, based on characteristics of the detainees themselves rather than where they were captured. Congress would follow steps to "devise a coherent policy to regulate the U.S. system of detention, a system that the country cannot avoid developing."
Download or read book Detention and Denial written by Benjamin Wittes and published by Brookings Institution Press. This book was released on 2011 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Issues a call for a change in U.S. policy regarding the detention of "enemy combatants," as exemplified by the situation at Guantanamo Bay, and provides ways in which the United States could brings some clarity and conviction to the issue. By the author of Law and the Long War: The Future of Justice in the Age of Terror.
Download or read book Constitutional and Statutory Provisions Relating to Denial of Bail Or Preventive Detention in Selected States and the District of Columbia written by Karen Morgan and published by . This book was released on 1980 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The UN Working Group on Arbitrary Detention written by Jared Genser and published by Cambridge University Press. This book was released on 2019-09-26 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Download or read book Constitutional Case Law Relating to Denial of Bail Or Preventive Detention in Selected States written by Karen Morgan and published by . This book was released on 1980 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Bail Book written by Shima Baradaran Baughman and published by Cambridge University Press. This book was released on 2017-12-21 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
Download or read book Detained Denied Deported written by and published by Human Rights Watch. This book was released on 1989 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents.
Download or read book The Bail Reform Act of 1984 written by Deirdre Golash and published by . This book was released on 1987 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Does Torture Prevention Work written by Richard Carver and published by Oxford University Press. This book was released on 2016 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.
Download or read book Asylum A Right Denied written by Dr Helen O'Nions and published by Ashgate Publishing, Ltd.. This book was released on 2014-06-28 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, asylum has emerged as a highly politicized European issue. The term ‘asylum seeker’ has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.
Download or read book The New Jim Crow written by Michelle Alexander and published by The New Press. This book was released on 2020-01-07 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Arrest and Detention Powers in English and Turkish Law and Practice in the Light of the European Convention on Human Rights written by M. Bedri Eryilmaz and published by BRILL. This book was released on 2021-09-27 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is commonly believed that, in the police practices of arrest without judicial warrant and detention without charge, England and Turkey stand at opposite ends of the compliance spectrum among nations signatory to the European Convention on Human Rights. This is the first book to examine the extent to which such belief is warranted. Beginning with a detailed comparison of the arrest and detention standards set by the Convention and the corresponding provisions of Turkish and English law, the author then proceeds to investigate actual police practice in both countries. He reviews and analyzes the existing research in England and Wales on how the status of suspects in practice compares with the status of suspects in law. To determine this in Turkey, where no such research existed before this book, he offers the results of his own field work in 21 Turkish police stations and three gendarmeries in various cities and towns, as well as in two Turkish anti-terrorist departments. This is the first publication of any research into how Turkish police apply law to practice. He goes on to examine the adequacy and effectiveness of remedies in both countries, and to make recommendations, not only for reform in England and Turkey, but to the Convention organs with respect to gaps and weaknesses in their case law. For criminal justice and law enforcement authorities, this is a valuable guide to ensuring compliance with the extensive and developed standards established by the case law of the Convention, and to handling allegations of breaches of the Convention by the police. In addition, Arrest and Detention Powers in Turkish and English Law and Practice in the Light of the European Convention on Human Rights is a penetrating analysis of `law in books' versus `law in action', and as such has relevance to anyone concerned with the enforcement of human rights law.
Download or read book Preventive Detention written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1970 with total page 1384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Preventive Detention written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1970 with total page 1386 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rights Deportation and Detention in the Age of Immigration Control written by Tom K. Wong and published by Stanford University Press. This book was released on 2015-05-13 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration is among the most prominent, enduring, and contentious features of our globalized world. Yet, there is little systematic, cross-national research on why countries "do what they do" when it comes to their immigration policies. Rights, Deportation, and Detention in the Age of Immigration Control addresses this gap by examining what are arguably the most contested and dynamic immigration policies—immigration control—across 25 immigrant-receiving countries, including the U.S. and most of the European Union. The book addresses head on three of the most salient aspects of immigration control: the denial of rights to non-citizens, their physical removal and exclusion from the polity through deportation, and their deprivation of liberty and freedom of movement in immigration detention. In addition to answering the question of why states do what they do, the book describes contemporary trends in what Tom K. Wong refers to as the machinery of immigration control, analyzes the determinants of these trends using a combination of quantitative analysis and fieldwork, and explores whether efforts to deter unwanted immigration are actually working.
Download or read book Pre trial detention in 20th and 21st Century Common Law and Civil Law Systems written by Marion Charret-Del Bove and published by Cambridge Scholars Publishing. This book was released on 2014-06-19 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pre-trial detention refers to the period when a person, after being arrested, is detained so as to determine the nature of the offences and the characterization of the charges. This notion is part and parcel of the legal proceedings of a criminal investigation and aims at striking a fragile balance between protecting the State and respecting individual freedoms. Lots of examples can be quoted to illustrate the various pre-trial detention modalities in common law and civil law traditions, including the duration of custody; custody rights; right to silence; right to the presence of a lawyer; modalities and control of pre-trial detention; and procedures in case of wrongful detention. This book makes an important contribution to the newly-researched topic of pre-trial detention from a theoretical and empirical point of view. Papers alternatively consider various issues: they analyse the philosophical principles and policies underlying pre-trial detention and look at the different forms it takes according to several countries; on a more technical and pragmatic level, they raise the question of the use of an appropriate terminology and the problem of translation that may arise from the differences between the studied legal systems. Finally, they consider the checks and balances mechanisms put in place to limit the negative effects of the measures restricting liberty. This volume contains a selection of contributions by academics specialized in law and comparative criminal procedure, political science, history, sociology, linguistics, and legal translation, and offers a comparative analysis of countries with differing legal traditions.
