Detention And Denial
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Detention And Denial
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Author : Benjamin Wittes
language : en
Publisher: Rowman & Littlefield
Release Date : 2011-01-01
Detention And Denial written by Benjamin Wittes and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
"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."
Constitutional Case Law Relating To Denial Of Bail Or Preventive Detention In Selected States
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Author : Karen Morgan
language : en
Publisher:
Release Date : 1980
Constitutional Case Law Relating To Denial Of Bail Or Preventive Detention In Selected States written by Karen Morgan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Bail categories.
Fast Tracked Unfairness
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Author : Gauri van Gulik
language : en
Publisher:
Release Date : 2010
Fast Tracked Unfairness written by Gauri van Gulik and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Political Science categories.
The report documents how women asylum seekers with complex claims are being routed into a system designed for much simpler claims. The women are held in detention largely for the UK's administrative convenience, have very little time to prepare a legal case, and have only a few days to appeal if refused. But the claims often involve such sensitive and difficult issues as sexual violence, female genital mutilation, trafficking, and domestic abuse.
Constitutional And Statutory Provisions Relating To Denial Of Bail Or Preventive Detention In Selected States And The District Of Columbia
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Author : Karen Morgan
language : en
Publisher:
Release Date : 1980
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 has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Bail categories.
Detention And Denial
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Author : Benjamin Wittes
language : en
Publisher: Brookings Institution Press
Release Date : 2011
Detention And Denial written by Benjamin Wittes and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
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.
Due Process Denied Detentions And Deportations In The United States
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Author : Tanya Golash-Boza
language : en
Publisher: Routledge
Release Date : 2012-04-23
Due Process Denied Detentions And Deportations In The United States written by Tanya Golash-Boza and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-23 with Social Science categories.
Due process protections are among the most important Constitutional protections in the United States, yet they do not apply to non-citizens facing detention and deportation. Due Process Denied describes the consequences of this lack of due process through the stories of deportees and detainees. People who have lived nearly all of their lives in the United States have been detained and deported for minor crimes, without regard for constitutional limits on disproportionate punishment. The court's insistence that deportation is not punishment does not align with the experiences of deportees. For many, deportation is one of the worst imaginable punishments.
Detained And Denied In Afghanistan
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Author : Daphne Eviatar
language : en
Publisher:
Release Date : 2011-05-01
Detained And Denied In Afghanistan written by Daphne Eviatar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-01 with Law categories.
After many years of completely denying detainees in Afghanistan the opportunity to defend themselves against arbitrary detention, the United States government has finally implemented a hearing process that allows detainees to hear the charges against them and to make a statement in their own defense. While a significant improvement, these new hearings fall short of minimum standards of due process required by international law. Only by providing detainees in Afghanistan an opportunity to defend themselves in a meaningful manner with the assistance of legal counsel and the opportunity to confront witnesses and the evidence against them can the United States ensure that it is imprisoning the right people. Moreover, only by providing real due process, and demonstrating by example what due process requires, can the United States expect to win the trust and respect of the Afghan people, who see themselves as vulnerable to U.S. military power. The United States' goal of helping Afghanistan improve its justice system is an important and laudable one. In the long term, it will help stabilize the country by encouraging Afghans' respect for their government and trust in their government institutions to protect them. Improving the administration of justice in national security cases will also directly help to ensure that violent insurgents remain incarcerated and cannot threaten Afghan national security. Even after the United States withdraws the bulk of its troops from Afghanistan, ongoing support for its fledgling justice system will be necessary, and critical to the country's stable development. Human Rights First urges the United States government to take a long-term view of the problem and to commit to civilian assistance for Afghan judges, lawyers and legal institutions far into the future.
Detained Denied Deported
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Author :
language : en
Publisher: Human Rights Watch
Release Date : 1989
Detained Denied Deported written by and has been published by Human Rights Watch this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Political Science categories.
Contents.
Prison Bound
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Author : Vikram Parekh
language : en
Publisher: Human Rights Watch
Release Date : 1999
Prison Bound written by Vikram Parekh and has been published by Human Rights Watch this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with History categories.
Abuses by Jail Staff
Inside Immigration Detention
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Author : Mary Bosworth
language : en
Publisher: Oxford University Press
Release Date : 2014
Inside Immigration Detention written by Mary Bosworth 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 2014 with Law categories.
On any given day nearly 3000 foreign national citizens are detained under immigration powers in UK detention centers alone. Around the world immigrants are routinely detained in similar conditions. The institutions charged with immigrant detention are volatile and contested sites. They are also places about which we know very little. What is their goal? How do they operate? How are they justified? Inside Immigration Detention lifts the lid on the hidden world of migrant detention, presenting the first national study of life in British immigration removal centers. Offering more than just a description of life behind bars of those men and women awaiting deportation, it uses staff and detainee testimonies to revisit key assumptions about state power and the legacies of colonialism under conditions of globalization. Based on fieldwork conducted in six immigration removal centers (IRCs) between 2009 and 2012, it draws together a large amount of empirical data including: detainee surveys and interviews, staff interviews, observation, and detailed field notes. From this, the book explores how immigration removal centers identify their inhabitants as strangers, constructing them as unfamiliar, ambiguous and uncertain. In this endeavor, the establishments are greatly assisted by their resemblance to prisons and by familiar racialized narratives about foreigners and nationality. However, as staff and detainee testimonies reveal, in their interactions and day-to-day life women and men find many points of commonality. Such recognition of one another reveals the goal and effect of detention to be incomplete. Denial requires effort. In order to minimize the effort it must expend, the state 'governs at distance', via the contract. It also splits itself in two, deploying some immigration staff onsite, while keeping the actual decision-makers (the caseworkers) elsewhere, sequestered from the potentially destabilizing effects of facing up to those whom they wish to remove. Such distancing, while bureaucratically effective, contributes to the uncertainty of daily life in detention, and is often the source of considerable criticism and unease. Denial and familiarity are embodied and localized activities, whose pains and contradictions inhere in concrete relationships.