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Author: Charles Doyle Publisher: Nova Publishers ISBN: 9781600213021 Category : Law Languages : en Pages : 82
Book Description
Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Author: Charles Doyle Publisher: Nova Publishers ISBN: 9781600213021 Category : Law Languages : en Pages : 82
Book Description
Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Great Britain. Parliament. Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780104005743 Category : Political Science Languages : en Pages : 204
Book Description
Deaths in Custody : Third report of session 2004-05, Vol. 2: Oral and written Evidence
Author: E.C.M. Thoonen Publisher: Maklu ISBN: 9046609049 Category : Convention for the Protection of Human Rights and Fundamental Freedoms Languages : en Pages : 466
Book Description
What is expected of State authorities with regard to the obligation to safeguard the life of detainees? What obligations do State authorities have in relation to the investigation into deaths that occur during deprivation of liberty by the State? This book addresses these questions regarding death in State custody in view of the European Convention on Human Rights, in particular the right to life, the prohibition of torture and the right to respect for private life (including the right to self-determination). It also provides an analysis of whether the Dutch legal framework contains safeguards to meet the requirements that follow from the European Convention on Human Rights. Matters that are discussed in detail are the obligation to provide healthcare to detainees and to take protective measures to safeguard the life of detainees. The ethical issues regarding end of life decisions of detainees, like refusal of medical treatment, hunger and/or thirst strike, suicide and euthanasia, and the conflicts that may arise in this regard considering the obligations of State authorities are addressed. This book is a must-have for all those who are involved in the (medical) treatment of detainees and who are confronted with death in State custody.
Author: Joshua N. Aston Publisher: Oxford University Press ISBN: 0190990023 Category : Law Languages : en Pages : 187
Book Description
Although considered an ancient concept, torture is still practised globally, and with more meticulousness and sophistication than ever before. Custodial violence refers to a form of torture that is experienced physically, psychologically, or emotionally in the custody of a lawful authority. The international legal regime on torture is an area of convergence between international human rights law and humanitarian law, both of which condemn torture in any form. Torture Behind Bars analyses the context of torture and ill-treatment of prisoners and crimes committed by the members of the police force. This may be in the form of custodial violence, or may begin from the point of detention and continue post-custody. The author reviews the role and accountability of the police force in India in the light of the reports of various national and international human rights committees, non-governmental organizations, and other independent reports. The book highlights several such cases which blatantly disregard the law meant for upholding the human rights and dignity of the individuals.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice Publisher: ISBN: Category : Capital punishment Languages : en Pages : 1058
Author: Philippa Tomczak Publisher: Policy Press ISBN: 1529203619 Category : Social Science Languages : en Pages : 180
Book Description
Although prison suicide is a global problem, there is little knowledge about the investigations occurring after prison suicides. Addressing this gap, this book provides the first detailed case study of the investigations that follow prison suicides: using England and Wales. Despite the large range of institutions that monitor English and Welsh prisons, suicides reached a record high in 2016, with the rate having doubled since 2012. These deaths represent the sharp end of a continuum of suffering, self-harm, despair and distress within prisons, which affects prisoners, their families and prison staff. This book details and critiques the lengthy and expensive police, ombudsman and coroner investigations that follow prison suicides. Drawing on extensive document analysis, including analysis of over 100 Prison and Probation Ombudsman fatal incident investigations, and original semi-structured interviews with stakeholders undertaken between 2016-2017, this book provides a novel analysis of prison oversight.
Author: Charles Bronson Publisher: Kings Road Publishing ISBN: 1782192506 Category : True Crime Languages : en Pages : 255
Book Description
Charlie has taken his 24 years of experience of prison dwelling and condensed it into one handy and comprehensive volume. Moved regularly around the prisons of the British Isles he has sampled all that prison life has to offer, taking in both the historic and pre-historic buildings that comprise Britain's infamous prison system. It's all in here from the correct way to brew vintage prison 'hooch' and how to keep the screws from finding it, to the indispensable culinary methods required to make prison food edible. Read about Charlie's special taming techniques for prison wildlife such as spiders, rats and cockroaches, creatures that may be your only friends on long stretches in solitary. Also Charlie shows how to plan and prepare for marriage inside what can be seen as a less than romantic setting. With over 70,000 people (and rising) currently residing at Her Majesty's pleasure, Charlie Bronson's "Good Prison Guide" is essential for young offenders and 'old lags' alike. Make sure you don't get nicked without it.
Author: Charles Doyle
Author: Charles Doyle
Author: American Bar Association. House of Delegates
Author: Great Britain. Parliament. Joint Committee on Human Rights
Author: E.C.M. Thoonen
Author: 
Author: Joshua N. Aston
Author: 
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
Author: Philippa Tomczak
Author: Charles Bronson