Download or read book Preventive Detention and the Democratic State written by Hallie Ludsin and published by Cambridge University Press. This book was released on 2016-01-08 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent. They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people. In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.
Download or read book Preventive Detention written by Patrick Keyzer and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In any society some people pose a risk to others. For hundreds of years preventive detention has been authorised by governments to ensure people are available for criminal proceedings (e.g. remand), in the mental health area, for quarantine, for inebriates, enemy aliens and sexual predators. This book asks and answers some of the fundamental questions about these regimes.
Download or read book Counter terrorism and the Detention of Suspected Terrorists written by Claire Macken and published by Routledge. This book was released on 2013-03 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the preventative confinement of suspected terrorists with regard to different models of counter-terrorism policy within the context of international human rights law. The book is written from a global perspective drawing on cases and practice from different jurisdictions including the US, the UK and Australia.
Download or read book Preventive Detention Laws of India written by B. V. Kumar and published by Stosius Incorporated/Advent Books Division. This book was released on 1991 with total page 1261 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Use of Preventive Detention Laws in Malaysia A Case for Reform written by M. Ehteshamul Bari and published by Springer. This book was released on 2021-07-08 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation. Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws. This book makes it manifestly evident that the weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries. Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual’s right to protection from arbitrary deprivation of liberty.This book is useful for academics and students of comparative constitutional law, human rights and Asian law. The extensive law reform analysis undertaken in this book also greatly benefits the policy makers in Malaysia and the policy makers of constitutional polities facing similar problems with the issue of circumscribing the scope of the powers concerning preventive detention.
Download or read book Presumed Dangerous written by Michael Louis Corrado and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When can a person be detained by the state solely for the purpose of preventing future harm?It is widely accepted that an actor who is unable to avoid breaking the law because of a mental disorder may not be punished but may be detained for as long as he remains dangerous. But what about those who are not legally insane and who may be held responsible for their behavior? Is it ever permissible to detain them to prevent future harm?Once upon a time the negative answer to this question was also widely accepted:no one who is sane and responsible for his behavior may be detained solely on the ground that he was dangerous and might commit crimes in the future. He might be punished for his behavior, but he might not be detained independently of punishment. However, over the last thirty years the answer to the question has changed.It is now possible (1) to detain before trial solely on the basis of the possibility that the accused will commit the sort of crime he is accused of (but not yet convicted of); (2) in many jurisdictions to detain indefinitely after trial, conviction, and completion of the penal sentence sex offenders and those found guilty but mentally ill (though not legally insane); and (3) to detain indefinitely without trial and conviction those suspected of being terrorists or supporting terrorist activity.This book traces the development in Supreme Court cases and in national legislation of these various grounds of preventive detention, a course of development that the author believes is contrary to what were once considered fundamental principles of American law.
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 479 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 International Handbook on Psychopathic Disorders and the Law written by Alan R. Felthous and published by LibreDigital. This book was released on 2007 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting the work of an international panel of experts, the International Handbook on Psychopathic Disorders and the Law offers an in-depth and multidisciplinary look at key aspects of the development and etiology of psychopathic disorders, current methods of intervention, treatment and management, and how these disorders impact decision making in civil and criminal law.
Download or read book The Preventive Detention Laws in India Perishing Human Values in the Name of Suspicion written by Silvy Sheetal and published by Notion Press. This book was released on 2020-08-24 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intention behind the book being “Elaborative Description and Easy understanding” of the topic- Preventive Detention. The act which loomed up menacingly from the year of its commencement. Attracting every possible fatalistic comment. Preventive Detention laws are thriving between the need for restraining an individual to such suspicious restrainment hampering the Liberty of the individual in India. The topic is deciphered in a manner approachable to people of every parlance, seeking to learn a word about Preventive Detention Laws, prevailing in India. The book is easy with words, chapter divisions covering the important topics, incidental anecdotes, coverage of important topics, and the easy description, making this book a must-read.
Download or read book Prevention and the Limits of the Criminal Law written by Andrew Ashworth and published by OUP Oxford. This book was released on 2013-01-31 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
Download or read book Preventive Justice written by Andrew Ashworth and published by OUP Oxford. This book was released on 2014-03-27 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
Download or read book Preventing Danger written by Michele Caianiello and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germany operates a "double track" system of punishment and preventive detention. Traditionally, this system included fixed-term prison sentences, which were limited by the safeguards of legality, proportionality, double jeopardy, etc., followed by preventative detention of indefinite length, which was not limited by those safeguards. In 2010, the European Court of Human Rights determined that the preventive period had to count as punitive and, thus, should be subject to the safeguards that surround punishment. This decision affects many other European countries that share a version of the "double track" system. While Europe is retreating under the tutelage of the ECHR on this matter, the United States has been developing its own system of preventive detention, both within the criminal law (for sexual predators) and without (for suspected terrorists). The essays in this volume bring together the best of European and American comparative writing on these issues.
Download or read book Rise of the Warrior Cop written by Radley Balko and published by PublicAffairs. This book was released on 2021-06-01 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking history of how American police forces have been militarized is now revised and updated. Newly added material brings the story through 2020, including analysis of the Ferguson protests, the Obama and Trump administrations, and the George Floyd protests. The last days of colonialism taught America’s revolutionaries that soldiers in the streets bring conflict and tyranny. As a result, our country has generally worked to keep the military out of law enforcement. But over the last two centuries, America’s cops have increasingly come to resemble ground troops. The consequences have been dire: the home is no longer a place of sanctuary, the Fourth Amendment has been gutted, and police today have been conditioned to see the citizens they serve as enemies. In Rise of the Warrior Cop, Balko shows how politicians’ ill-considered policies and relentless declarations of war against vague enemies like crime, drugs, and terror have blurred the distinction between cop and soldier. His fascinating, frightening narrative that spans from America’s earliest days through today shows how a creeping battlefield mentality has isolated and alienated American police officers and put them on a collision course with the values of a free society.
Download or read book Penal Culture and Hyperincarceration written by Mr David Brown and published by Ashgate Publishing, Ltd.. This book was released on 2013-11-28 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial complex,’ in the construction of imprisonment rates and on the development of the phenomenon of hyperincarceration. The authors develop penal culture as an explanatory framework for continuity, change and difference in prisons and the nature of contested penal expansionism. The influence of transformative concepts such as ‘risk management’, ‘the therapeutic prison’, and ‘preventative detention’ are explored as aspects of penal culture. Processes of normalization, transmission and reproduction of penal culture are seen throughout the social realm. Comparative, contemporary and historical in its approach, the book provides a new analysis of penality in the 21st century.
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 1034 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 Arrest Detention and Criminal Justice System written by B. Uma Devi and published by Oxford University Press. This book was released on 2012-02-24 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: A just, fair, reasonable, and purposeful exercise of arrest and detention powers by the State is both in the interest of the individual and the society at large. However, very often individual rights are impinged by arbitrary and illegal exercise of State power to arrest and detain. The book studies issues pertaining to arrest and detention, comprehensively, critically, and analytically, in the light of the Indian Constitution. It points out that the arrest and detention provisions in the legal system of India, by and large, have remained the same as inherited from the imperial British era. Despite constitutional prescriptions and judicial pronouncements over several decades, there has been no noteworthy change that would bring the law in tune with the constitutional emphasis on right to life and personal liberty as well as other human rights. To capture the complexity of the issue, the volume analyses constitutional provisions, statutory law, pertinent judgments, case law, reports of various committees, and recommendations of experts in the field. Exploring lacunae in the present legal scenario, the book stresses on the need for organizational and attitudinal changes in the State instrumentalities for successfully balancing the need to maintain law and order and human rights imperatives. Emphasizing that it is the poor who often suffer the most, the author further advocates inclusion of the developments in the field of jurisprudence, behavioural sciences, technology, and management to deal with crime and criminality.
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:
