Detention And Arrest
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Arrest Detention And Criminal Justice System
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Author : B. Uma Devi
language : en
Publisher: Oxford University Press
Release Date : 2012-02-24
Arrest Detention And Criminal Justice System written by B. Uma Devi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-24 with Law categories.
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.
Preventive Detention
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Author : Stanislaw J. Frankowski
language : en
Publisher: BRILL
Release Date : 2022-05-09
Preventive Detention written by Stanislaw J. Frankowski and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-09 with Law categories.
Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.
Detention And Arrest
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Author : Steve Coughlan
language : en
Publisher:
Release Date : 2000
Detention And Arrest written by Steve Coughlan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Arrest categories.
Annotation The criminal justice system aims to maintain a balance between the individual interest of private citizens to carry on their lives free from state interference, and the communal interest in maintaining a safe society. These two goals come into conflict with each other most visibly when agents of the state physically take control of private citizens-that is, when they exercise their powers to detain or to arrest.
Arrest And Detention Powers In English And Turkish Law And Practice In The Light Of The European Convention On Human Rights
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Author : M. Bedri Eryilmaz
language : en
Publisher: BRILL
Release Date : 2021-09-27
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 has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
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.
Arrest Detention And Questioning
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Author : DR KEVIN. SWEENEY
language : en
Publisher:
Release Date : 2018
Arrest Detention And Questioning written by DR KEVIN. SWEENEY and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Comprehensive Guide To Arrest And Detention
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Author : STEPHEN. GIBBON WADE (STUART.)
language : en
Publisher:
Release Date : 2020-08-25
Comprehensive Guide To Arrest And Detention written by STEPHEN. GIBBON WADE (STUART.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-25 with categories.
A Comprehensive Guide to Arrest and Detention is an essential research companion for crime writers and readers. Crime historian Stephen Wade and former detective Stuart Gibbon examine the subjects of arrest and detention from a historical and modern-day perspective, with reference to criminal law and police procedure.
Regulating Police Detention
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Author : Kendall, John
language : en
Publisher: Policy Press
Release Date : 2018-01-31
Regulating Police Detention written by Kendall, John and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-31 with Social Science categories.
When suspects are arrested, they spend their time in police custody largely in isolation and out of public view. These custody blocks are police territory, and public controversies about what happens there often only arise when a detainee dies. Custody visitors are volunteers who make what are supposed to be random and unannounced visits to police custody blocks to check on the welfare of detainees. However, there is a fundamental power imbalance between the police and these visitors, which calls the independence and effectiveness of custody visiting into question. Investigating this largely unexplored part of the criminal justice system, this timely book includes the voices of the detainees who have a unique insight into the scheme. It offers detailed proposals for radically reforming custody visiting to make it an effective regulator of police behaviour, with an explanation of the political context that could make that a reality.
Confessions And Police Detention
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights
language : en
Publisher:
Release Date : 1958
Confessions And Police Detention written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1958 with Arraignment categories.
Detention And Arrest
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Author : Stephen Gerard Coughlan
language : en
Publisher:
Release Date : 2017-03-17
Detention And Arrest written by Stephen Gerard Coughlan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-17 with Arrest categories.
The criminal justice system aims to maintain a balance between the individual interest of private citizens to carry on their lives free from state interference, and the communal interest in maintaining a safe society. These two goals come into conflict with each other most visibly when agents of the state physically take control of private citizens -- that is, when they exercise their powers to detain or to arrest. The book focuses on "street-level" encounters: detentions and arrests that occur in the course of investigating crime and laying charges. The authors explore the initial interaction between agents of the state or others authorized to detain and arrest, and the private citizens whose liberty is interfered with. It is at that point that the balance between societal safety and individual liberty is most keenly in play. This second edition has been updated to incorporate significant changes which have taken place with regard to statutory powers (the new citizen's arrest power and others), to common law powers (powers of detention, safety searches, search incident to arrest, etc.) and to Charter rights (freedom from arbitrary detention, right to counsel, and so on).
Human Rights And Law Enforcement At Sea
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Author : Anna Petrig
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-10-30
Human Rights And Law Enforcement At Sea written by Anna Petrig and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-30 with Law categories.
Law enforcement at sea has become an increasingly important tool for combating transnational crime. Such law enforcement operations are commonly directed by multinational missions composed of military rather than police forces, and are often carried out in maritime areas not subject to national jurisdiction. Because of these characteristics, maritime law enforcement operations touch upon many unresolved human rights issues. In the present study, counter-piracy operations off the coast of Somalia and in the Indian Ocean serve as the quintessential example of how law enforcement measures taken at sea may fall short of international human rights standards. An unprecedented number of national and multinational missions have been deployed to counter the phenomenon of piracy off the coast of Somalia and in the region. Their mandate includes the arrest, detention and transfer for prosecution of piracy suspects. The book at hand examines the procedures pertinent to the decision whether to release piracy suspects, prosecute them in the seizing State or transfer them to a third State, and the detention regime pending such decisions. The study provides a critical analysis of the compatibility of these procedures with international law, first and foremost human rights law. Using piracy as an example, it demonstrates that the characteristics of national and multinational law enforcement at sea may lead to a deviation from certain human rights standards – standards that the States in question readily accept and apply in their land-based, territorial law enforcement operations. At the centre of the analysis are two unique case studies, which provide insight into the arrest, detention and transfer procedures in both a multinational context and a purely interstate setting. This work is a valuable contribution to legal scholarship dealing with the human rights dimension of maritime law enforcement operations. It is a useful, timely and innovative resource for both academics and legal practitioners alike, or any person interested in the applicability and scope of human rights norms in the maritime context.