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Author: B. Uma Devi Publisher: Oxford University Press ISBN: 0199088632 Category : Law Languages : en Pages :
Book Description
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: B. Uma Devi Publisher: Oxford University Press ISBN: 0199088632 Category : Law Languages : en Pages :
Book Description
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 ISBN: 1107131367 Category : Law Languages : en Pages : 331
Book Description
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 ISBN: 0520298314 Category : Social Science Languages : en Pages : 309
Book Description
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: Institute of Medicine Publisher: National Academies Press ISBN: 0309172357 Category : Law Languages : en Pages : 405
Book Description
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.
Author: Mikaela Rabinowitz Publisher: Routledge ISBN: 1000391477 Category : Social Science Languages : en Pages : 110
Book Description
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: Stephen Gerard Coughlan Publisher: ISBN: 9781552214480 Category : Arrest Languages : en Pages : 407
Book Description
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: Angela J. Davis Publisher: Vintage ISBN: 1101871288 Category : Social Science Languages : en Pages : 352
Book Description
A comprehensive, readable analysis of the key issues of the Black Lives Matter movement, this thought-provoking and compelling anthology features essays by some of the nation’s most influential and respected criminal justice experts and legal scholars. “Somewhere among the anger, mourning and malice that Policing the Black Man documents lies the pursuit of justice. This powerful book demands our fierce attention.” —Toni Morrison Policing the Black Man explores and critiques the many ways the criminal justice system impacts the lives of African American boys and men at every stage of the criminal process, from arrest through sentencing. Essays range from an explication of the historical roots of racism in the criminal justice system to an examination of modern-day police killings of unarmed black men. The contributors discuss and explain racial profiling, the power and discretion of police and prosecutors, the role of implicit bias, the racial impact of police and prosecutorial decisions, the disproportionate imprisonment of black men, the collateral consequences of mass incarceration, and the Supreme Court’s failure to provide meaningful remedies for the injustices in the criminal justice system. Policing the Black Man is an enlightening must-read for anyone interested in the critical issues of race and justice in America.
Author: B. Uma Devi
Author: B. Uma Devi
Author: Shima Baradaran Baughman
Author: Christine S. Scott-Hayward
Author: Institute of Medicine
Author: Susan Weisberg
Author: Mikaela Rabinowitz
Author: Stephen Gerard Coughlan
Author: Paul J. Hofer
Author: Angela J. Davis
Author: Richard A. Ball