Preventive Detention
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Preventive Detention And Security Law
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Author : Andrew Harding
language : en
Publisher: BRILL
Release Date : 2021-09-27
Preventive Detention And Security Law written by Andrew Harding 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.
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.
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.
Sex Offenders And Preventive Detention
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Author : Bernadette McSherry
language : en
Publisher: Federation Press
Release Date : 2009
Sex Offenders And Preventive Detention written by Bernadette McSherry and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Political Science categories.
How should society manage sex offenders who are released from prison? How can sex offenders be detained in a way that prevents re-offending while respecting civil liberties? Is preventive detention a type of double punishment? Do prison-based sex offender treatment programs work? What is the best way to protect the community from sex offending?Professors McSherry and Keyzer focus on three key modern policy responses to such questions, and the cases that propelled their development:Earl Shriner in Washington State, and the United States approach of detaining 'sexually violent predators' in special institutions;Dennis Ferguson in Queensland, and the Australian post-sentence detention and supervision schemes;John Cronin in Scotland, and the Scottish approach of making orders for lifelong restriction at the time of sentence.
The Use Of Preventive Detention Laws In Malaysia A Case For Reform
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Author : M. Ehteshamul Bari
language : en
Publisher: Springer Nature
Release Date : 2020-07-07
The Use Of Preventive Detention Laws In Malaysia A Case For Reform written by M. Ehteshamul Bari and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-07 with Law categories.
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.
Preventive Detention Of Terror Suspects
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Author : Diane Webber
language : en
Publisher: Routledge
Release Date : 2016-01-08
Preventive Detention Of Terror Suspects written by Diane Webber and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-08 with Law categories.
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
The Preventive Detention Laws In India Perishing Human Values In The Name Of Suspicion
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Author : Silvy Sheetal
language : en
Publisher: Notion Press
Release Date : 2020-08-24
The Preventive Detention Laws In India Perishing Human Values In The Name Of Suspicion written by Silvy Sheetal and has been published by Notion Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-24 with Law categories.
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.
The Constitutionality Of Preventive Detention
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Author : Philip E. Secret
language : en
Publisher:
Release Date : 1977-01-01
The Constitutionality Of Preventive Detention written by Philip E. Secret and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977-01-01 with Bail categories.
Managing Fear
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Author : Bernadette McSherry
language : en
Publisher: Routledge
Release Date : 2013-10-23
Managing Fear written by Bernadette McSherry and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-23 with Psychology categories.
Managing Fear examines the growing use of risk assessment as it relates to preventive detention and supervision schemes for offenders perceived to be at a high risk of re-offending, individuals with severe mental illness, and suspected terrorists. It outlines a number of legislative regimes in common law countries that have broadened ‘civil’ (as opposed to criminal) powers of detention and supervision. Drawing on the disciplines of criminology and social psychology, it explores how and why such schemes reflect a move towards curtailing liberty before harm results rather than after a crime has occurred. Human rights and ethical issues concerning the role of mental health practitioners in assessing risk for the purposes of preventive detention and supervision are explored, and regimes that require evidence from mental health practitioners are compared with those that rely on decision-makers’ notions of ‘reasonable belief’ concerning the risk of harm. Case studies are used to exemplify some of the issues relating to how governments have attempted to manage the fear of future harm. This book aims to educate mental health practitioners in the law relating to preventive detention and supervision schemes and how the legal requirements differ from clinical assessment practices; examine the reasons why there has been a recent renewal of preventive detention and supervision schemes in common law countries; provide a comparative overview of existing preventive detention and supervision schemes; and analyse the human rights implications and the ethics of using forensic risk assessment techniques for preventive detention and supervision schemes.
Preventive Detention
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Author : Patrick Keyzer
language : en
Publisher:
Release Date : 2013
Preventive Detention written by Patrick Keyzer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Detention of persons categories.
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.
Preventive Detention And The Democratic State
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Author : Hallie Ludsin
language : en
Publisher:
Release Date : 2015
Preventive Detention And The Democratic State written by Hallie Ludsin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Due process of law categories.
This book tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world.