Download or read book Prisoners of the International Community written by Denis Abels and published by Springer Science & Business Media. This book was released on 2012-09-11 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: Little has been written about the legal position and conditions of detention of persons detained by international criminal tribunals, particularly as regards their internal legal position (their rights and duties inside the remand facility). The primary purpose of this book is to set out the law governing the detention of persons detained under the tribunals’ jurisdiction. The book provides a detailed account of this area of international criminal law. It sets out the applicable law, including the law’s underlying principles, and focuses on a number of specific procedural and substantive legal issues. As to procedural issues, it examines the available complaints and disciplinary procedures as well as procedures applicable to the designation of States for the enforcement of the tribunals’ sentences. In respect of substantive law, it examines the detainees’ right to contact with the outside world, including contact with their relatives, with their lawyers and with the media. The book will be an extremely useful guidance for practitioners in applying the law and principles of the tribunals’ detention law, particularly because it is the first monograph written on the topic.
Download or read book Detention by Non State Armed Groups under International Law written by Ezequiel Heffes and published by Cambridge University Press. This book was released on 2022-02-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the law applicable to detention conducted by non-State armed groups, together with their practices in conflict settings. Drawing on his personal experiences working with humanitarian organizations, Ezequiel Heffes explores how international law could be best employed to protect individuals.
Download or read book The Treatment of Prisoners Under International Law written by Nigel Rodley and published by Oxford University Press on Demand. This book was released on 2009-08-13 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a specialized area of international law relating to prisoners, especially as regards the worst abuses to which they may be subject, such as torture, enforced disappearance and summary or arbitrary executions.
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 Predictive Sentencing written by Jan W de Keijser and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology.
Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by DIANE Publishing. This book was released on 2009 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Jan. 22, 2009, Pres. Barack Obama issued an Executive Order requiring the Guantanamo detention facility to be closed as soon as practicable. This report provides an overview of major legal issues likely to arise as a result of actions to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the U.S., and the possible removal of persons brought to the U.S. Discusses constitutional issues that may arise in the criminal prosecution of detainees. Also discusses: detainees¿ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence.
Download or read book Interrogation of Detainees written by Michael J. Garcia and published by DIANE Publishing. This book was released on 2010-10 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. treatment of enemy combatants and terrorist suspects captured in Afghanistan, Iraq, and other locations has been a subject of debate, incl. whether such treatment complies with U.S. statutes and treaties. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA). Among other things, the DTA contains provisions that: (1) require DoD personnel to employ U.S. Army Field Manual guidelines while interrogating detainees; and (2) prohibit the ¿cruel, inhuman and degrading punishment of persons under the detention, custody, or control of the U.S. Gov¿t.¿ This report discusses provisions of the DTA concerning standards for the interrogation and treatment of detainees.
Download or read book Detention of U S Persons as Enemy Belligerents written by Jennifer Elsea and published by . This book was released on 2012 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: The detainee provisions passed as part of the National Defense Authorization Act for FY2012, P.L. 112-81, affirm that the Authorization to Use Military Force (AUMF), P.L. 107-40, in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. The Act provides for the first time a statutory definition of covered persons whose detention is authorized pursuant to the AUMF. During debate of the provision, significant attention focused on the applicability of this detention authority to U.S. citizens and other persons within the United States. The Senate adopted an amendment to clarify that the provision was not intended to affect any existing law or authorities relating to the detention of U.S. citizens or lawful resident aliens, or any other persons captured or arrested in the United States. This report analyzes the existing law and authority to detain U.S. persons, including American citizens and resident aliens, as well as other persons within the United States who are suspected of being members, agents, or associates of Al Qaeda or possibly other terrorist organizations as "enemy combatants."
Download or read book Human Rights and Pre trial Detention written by United Nations Centre for Human Rights and published by New York and Geneva : United Nations. This book was released on 1994 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethical Considerations for Research Involving Prisoners written by Committee on Ethical Considerations for Revisions to DHHS Regulations for Protection of Prisoners Involved in Research and published by National Academies Press. This book was released on 2007-01-22 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past 30 years, the population of prisoners in the United States has expanded almost 5-fold, correctional facilities are increasingly overcrowded, and more of the country's disadvantaged populations—racial minorities, women, people with mental illness, and people with communicable diseases such as HIV/AIDS, hepatitis C, and tuberculosis—are under correctional supervision. Because prisoners face restrictions on liberty and autonomy, have limited privacy, and often receive inadequate health care, they require specific protections when involved in research, particularly in today's correctional settings. Given these issues, the Department of Health and Human Services' Office for Human Research Protections commissioned the Institute of Medicine to review the ethical considerations regarding research involving prisoners. The resulting analysis contained in this book, Ethical Considerations for Research Involving Prisoners, emphasizes five broad actions to provide prisoners involved in research with critically important protections: • expand the definition of "prisoner"; • ensure universally and consistently applied standards of protection; • shift from a category-based to a risk-benefit approach to research review; • update the ethical framework to include collaborative responsibility; and • enhance systematic oversight of research involving prisoners.
Download or read book Material Detention Conditions Execution of Custodial Sentences and Prisoner Transfer in the EU Member States written by Gert Vermeulen and published by Maklu. This book was released on 2011 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2008, for the European Union, the introduction of the Framework Decision - the principle of mutual recognition to judgments in criminal matters, imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement - sparked discussions as to whether the practical operation of the instrument would be compatible with its very objective, being the enhancement of detained persons' social rehabilitation prospects. Transferring detained people back to their respective Member State of residence and/or nationality within the mutual recognition framework is somewhat precarious in light of the variety of Member States' legal and prison systems. In this context, and following a call for tender by the European Commission, the authors of this book conducted the largest study to date on Member States' material detention conditions, early/conditional release provisions, and sentence execution modalities. In addition to exploring the diversity of legal frameworks, the study also assessed practitioners' views on the cross-border execution of custodial sentences in the EU. The book contains individual Member State reports resulting from legal practitioners' analyses, backed by additional information drawn from monitoring and evaluation conducted at the Council of Europe (Committee for the Prevention of Torture) and United Nation levels. This will be essential reading for EU policy makers, judicial and law enforcement authorities, and defense lawyers. Additionally, it will be an asset to everyone who is involved in or taking an interest in detention issues and cross-border execution of judgements involving deprivation of liberty in the EU. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 41)
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988-10 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Download or read book Monitoring Detention Custody Torture and Ill treatment written by Jason Payne-James and published by CRC Press. This book was released on 2017-09-13 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark practical guide assists all those involved in monitoring detention conditions and investigating and preventing torture. The prestigious global author team identify the medical, legal and professional frameworks and international instruments applicable to those detained, and highlight how torture or other cruel and inhuman degrading treatments or punishments are identified, investigated and should be prevented. · A comprehensive and wide range of detention settings and circumstances are covered including police stations, prisons, mental health, and social care civil conditions to prisoner of war, detention camps, military, and armed conflict. · Advice, monitoring, and assessment is given for special groups, including the custody of women, children, vulnerable adults, and individuals on hunger strike · Practical guidelines are given for the assessment of ill-treatment of individuals in custody including sexual abuse · Online links to the latest legal, ethical, and medical guidelines for key countries help to make this book appropriate for all. Challenging, thought-provoking yet thoroughly practical, this book is essential reading for anyone involved in the monitoring of detention conditions and the treatment and investigation of individuals in any form of custody. The content is aimed primarily at healthcare professionals but it also highly relevant for anyone who may form part of a visiting team, including lay individuals, lawyers and law enforcement professionals, as well as for academics.
Download or read book Detention of U S Persons As Enemy Belligerents written by Jennifer K. Elsea and published by CreateSpace. This book was released on 2014-03-18 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: The detainee provisions passed as part of the National Defense Authorization Act for FY2012, P.L. 112-81, affirm that the Authorization for Use of Military Force (AUMF), P.L. 107-40, in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. The act provides for the first time a statutory definition of covered persons whose detention is authorized pursuant to the AUMF.During debate of the provision, significant attention focused on the applicability of this detention authority to U.S. citizens and other persons within the United States. The Senate adopted an amendment to clarify that the provision was not intended to affect any existing law or authorities relating to the detention of U.S. citizens or lawful resident aliens, or any other persons captured or arrested in the United States. This report analyzes the existing law and authority to detain U.S. persons, including American citizens and resident aliens, as well as other persons within the United States who are suspected of being members, agents, or associates of Al Qaeda or possibly other terrorist organizations as “enemy combatants.”The Supreme Court in 2004 affirmed the President's power to detain “enemy combatants,” including those who are U.S. citizens, as part of the necessary force authorized by Congress after the terrorist attacks of September 11, 2001. Lower courts that have addressed the issue of wartime detention within the United States have reached conflicting conclusions.This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented. The report concludes by discussing Congress's role in prescribing rules for wartime detention.
Download or read book Handbook on Prisoner File Management written by and published by Criminal Justice Handbook. This book was released on 2008 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook discusses the importance of effective prisoner file management, illustrating the consequences of poor or non-existent management. It will be of particular relevance to prison systems that do not have electronic systems for managing files. It outlines the key international human rights standards that apply to prisoner and detainee file management. It also summarizes and illustrates the key requirements of prison systems in relation to prisoner and detainee file management in order to meet international human rights standards and how these might be met.
Download or read book Not in it for Justice written by Human Rights Watch (Organization) and published by . This book was released on 2017 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Key recommendations -- Methodology -- I. Background -- II. Pretrial detention in California -- II. Bail leads to jailing people who are not guilty -- III. Bail and jail result in an unfair justice system -- IV. Bail devastates poor and middle-income defendants and households -- V. Does bail in California serve the legitimate purposes of pretrial detention? -- VI. Profile-based risk assessment -- VII. A better way: increased cite and release and individualized risk assessment -- IX. International human rights law.
