Arrest Detention And Criminal Justice System
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| Author | : B. Uma Devi |
| Publisher | : Oxford University Press |
| Total Pages | : 551 |
| Release | : 2012-02-24 |
| Genre | : Law |
| ISBN | : 0199088632 |
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.
| Author | : Shima Baradaran Baughman |
| Publisher | : Cambridge University Press |
| Total Pages | : 331 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 1107131367 |
Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
| Author | : Christine S. Scott-Hayward |
| Publisher | : University of California Press |
| Total Pages | : 309 |
| Release | : 2019-09-24 |
| Genre | : Social Science |
| ISBN | : 0520298314 |
Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the US bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. The first book-length treatment to analyze how bail reproduces racial and economic inequality throughout the criminal justice system, Punishing Poverty explores reform efforts, as jurisdictions begin to move away from money bail systems, and the attempts of the bail bond industry to push back against such reforms. This accessibly written book gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.
| Author | : Paul J. Hofer |
| Publisher | : |
| Total Pages | : 84 |
| Release | : 1987 |
| Genre | : Criminal justice, Administration of |
| ISBN | : |
| Author | : Susan Weisberg |
| Publisher | : |
| Total Pages | : 28 |
| Release | : 1975 |
| Genre | : Provisional remedies |
| ISBN | : |
| Author | : Mikaela Rabinowitz |
| Publisher | : Routledge |
| Total Pages | : 110 |
| Release | : 2021-07-14 |
| Genre | : Social Science |
| ISBN | : 1000391477 |
Incarceration Without Conviction addresses an understudied fairness flaw in the criminal justice system. On any given day, approximately 500,000 Americans are in pretrial detention in the US, held in local jails not because they are considered a flight or public safety risk, but because they are poor and cannot afford bail or a bail bond. Over the course of a year, millions of Americans cycle through local jails, most there for anywhere from a few days to a few weeks. These individuals are disproportionately Black and poor. This book draws on extensive legal data to highlight the ways in which pretrial detention drives guilty pleas and thus fuels mass incarceration--and the disproportionate impact on Black Americans. It shows the myriad harms that being detained wreaks on people’s lives and well-being, regardless of whether or not those who are detained are ever convicted. Rabinowitz argues that pretrial detention undermines the presumption of innocence in the American criminal justice system and, in so doing, erodes the very meaning of innocence.
| Author | : Rebecca Sako |
| Publisher | : |
| Total Pages | : 80 |
| Release | : 1999 |
| Genre | : Criminal justice, Administration of |
| ISBN | : |
This manual is designed to assist law enforcement and judicial personnel in the discharge of their functions. It brings out the salient features of the Criminal Procedure Code, the Criminal Procedure Act and various regional and international conventions in the area of arrest, detention, bail and searches.
| Author | : John Kendall |
| Publisher | : Policy Press |
| Total Pages | : 176 |
| Release | : 2018-01-31 |
| Genre | : Social Science |
| ISBN | : 1447343697 |
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.
| Author | : Stephen Gerard Coughlan |
| Publisher | : |
| Total Pages | : 407 |
| Release | : 2017-03-17 |
| Genre | : Arrest |
| ISBN | : 9781552214480 |
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).
| Author | : Institute of Medicine |
| Publisher | : National Academies Press |
| Total Pages | : 405 |
| Release | : 2001-06-05 |
| Genre | : Law |
| ISBN | : 0309172357 |
Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.
