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Author : B. V. Kumar
Publisher : Stosius Incorporated/Advent Books Division
ISBN 13 : 9788122002355
Total Pages : 1261 pages
Book Rating : 4.0/5 (23 download)
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:
Author : Hallie Ludsin
Publisher : Cambridge University Press
ISBN 13 : 1316597989
Total Pages : 446 pages
Book Rating : 4.3/5 (165 download)
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.
Author : Patrick Keyzer
Publisher :
ISBN 13 : 9781780681177
Total Pages : 0 pages
Book Rating : 4.6/5 (811 download)
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.
Author : Claire Macken
Publisher : Routledge
ISBN 13 : 1136741879
Total Pages : 233 pages
Book Rating : 4.1/5 (367 download)
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.
Author : M. Ehteshamul Bari
Publisher : Springer
ISBN 13 : 9789811558139
Total Pages : 133 pages
Book Rating : 4.5/5 (581 download)
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.
Author : Silvy Sheetal
Publisher : Notion Press
ISBN 13 : 1636060714
Total Pages : 225 pages
Book Rating : 4.6/5 (36 download)
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.
Author : Alan R. Felthous
Publisher : LibreDigital
ISBN 13 : 9780470066386
Total Pages : 512 pages
Book Rating : 4.0/5 (663 download)
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.
Author : Jan W de Keijser
Publisher : Bloomsbury Publishing
ISBN 13 : 1509921427
Total Pages : 479 pages
Book Rating : 4.5/5 (99 download)
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.
Author : Michael Louis Corrado
Publisher :
ISBN 13 : 9781611634457
Total Pages : 0 pages
Book Rating : 4.6/5 (344 download)
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.
Author : Darryl K. Brown
Publisher : Oxford University Press
ISBN 13 : 0190659866
Total Pages : 1034 pages
Book Rating : 4.1/5 (96 download)
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.
Author : Sarah Joseph
Publisher : OUP Oxford
ISBN 13 : 0191650234
Total Pages : 1042 pages
Book Rating : 4.1/5 (916 download)
Download or read book INTERNAT COVENANT CIVIL POL RIGHTS 3E C written by Sarah Joseph and published by OUP Oxford. This book was released on 2013-07-25 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Author : Andrew Ashworth
Publisher : OUP Oxford
ISBN 13 : 0191021059
Total Pages : 380 pages
Book Rating : 4.1/5 (91 download)
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'.
Author :
Publisher : American Bar Association
ISBN 13 : 9781590311783
Total Pages : 168 pages
Book Rating : 4.3/5 (117 download)
Download or read book ABA Standards for Criminal Justice, Pretrial Release written by and published by American Bar Association. This book was released on 2007 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association Criminal Justice Standards Committee, Criminal Justice Section"--Title page verso.
Author : Eric S. Janus
Publisher : Cornell University Press
ISBN 13 : 9780801443787
Total Pages : 206 pages
Book Rating : 4.4/5 (437 download)
Download or read book Failure to Protect written by Eric S. Janus and published by Cornell University Press. This book was released on 2006 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows that "sexual predator" laws, which have intense public and political support, are counterproductive. Janus contends that aggressive measures such as civil commitment and Megan's law, which are designed to restrain sex offenders before they can commit another crime, are bad policy and do little to actually reduce sexual violence. Further, these new laws make use of approaches such as preventive detention and actuarial profiling that violate important principles of liberty. Janus argues that to prevent sexual violence, policymakers must address the deep-seated societal problems that allow it to flourish. From publisher description.
Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.3/5 ( download)
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew Harding
Publisher : BRILL
ISBN 13 : 9004479457
Total Pages : 350 pages
Book Rating : 4.0/5 (44 download)
Download or read book Preventive Detention and Security Law written by Andrew Harding and published by BRILL. This book was released on 2021-09-27 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive detention law is a subject which continues to receive great international attention. In recent years the legal rights of detainees have been more and more frequently litigated, and significant new approaches have been developed.
Author : Richard Carver
Publisher : Oxford University Press
ISBN 13 : 1781383308
Total Pages : 688 pages
Book Rating : 4.7/5 (813 download)
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.
