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Author : Chandr Mohan Upadhyay
Publisher : APH Publishing
Page : 252 pages
File Size : 53,5 Mb
Release : 1999
Category : Political Science
ISBN : 8170249988
Author : United Nations Centre for Human Rights,United Nations. Crime Prevention and Criminal Justice Branch
Publisher : New York and Geneva : United Nations
Page : 72 pages
File Size : 42,6 Mb
Release : 1994
Category : Law
ISBN : UOM:39015034857808
Author : Marion Charret-Del Bove,Fabrice Mourlon
Publisher : Cambridge Scholars Publishing
Page : 250 pages
File Size : 50,6 Mb
Release : 2014-06-19
Category : Law
ISBN : 9781443861847
Pre-trial detention refers to the period when a person, after being arrested, is detained so as to determine the nature of the offences and the characterization of the charges. This notion is part and parcel of the legal proceedings of a criminal investigation and aims at striking a fragile balance between protecting the State and respecting individual freedoms. Lots of examples can be quoted to illustrate the various pre-trial detention modalities in common law and civil law traditions, including the duration of custody; custody rights; right to silence; right to the presence of a lawyer; modalities and control of pre-trial detention; and procedures in case of wrongful detention. This book makes an important contribution to the newly-researched topic of pre-trial detention from a theoretical and empirical point of view. Papers alternatively consider various issues: they analyse the philosophical principles and policies underlying pre-trial detention and look at the different forms it takes according to several countries; on a more technical and pragmatic level, they raise the question of the use of an appropriate terminology and the problem of translation that may arise from the differences between the studied legal systems. Finally, they consider the checks and balances mechanisms put in place to limit the negative effects of the measures restricting liberty. This volume contains a selection of contributions by academics specialized in law and comparative criminal procedure, political science, history, sociology, linguistics, and legal translation, and offers a comparative analysis of countries with differing legal traditions.
Author : Piet Hein P. H. M. C. Kempen
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2012
Category : Detention of persons
ISBN : 1780680686
It is estimated that in the course of a year, approximately 10 million people will pass through pre-trial detention. Although presently, no adequately functioning criminal justice system can do entirely without detaining any suspects, pre-trial detention thus remains problematic in the context of human rights, the detainee's family, and society. This volume therefore offers a wide variety of topics that are relevant to pre-trial detention. The themes discussed include: developments that affect the application of pre-trial detention; relevant international and national human rights standards, as well as monitoring systems; pre-trial detention of specific groups; and alternatives to pre-trial detention. Moreover, this book contains chapters on 21 individual countries from around the world. On the basis of these, the book not only examines whether and how international human rights standards on detention are influencing national law and practice, and the extent to which international norm
Author : Stanislaw J. Frankowski,Dinah Shelton
Publisher : BRILL
Page : 318 pages
File Size : 49,8 Mb
Release : 2022-05-09
Category : Law
ISBN : 9789004478916
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.
Author : John Albert Andrews,United Kingdom National Committee of Comparative Law
Publisher : BRILL
Page : 460 pages
File Size : 50,9 Mb
Release : 1982-05-26
Category : Law
ISBN : 9024725526
Revised papers from a conference organised by the United Kingdom National Commission on Comparative Law at Manchester 1978.
Author : Martin Schönteich,Open Society Justice Initiative,Robert O. Varenik
Publisher : Unknown
Page : 0 pages
File Size : 42,8 Mb
Release : 2014
Category : Political Science
ISBN : 1936133849
In India, a man spent 54 years behind bars in pretrial detention, waiting for a trial that would never happen because his file had been lost. In Nigeria, one study estimated that the average detainee waits over three years for his day in court. In Russia, pretrial detainees have begged for the chance to plead guilty, just so they can receive medical care. And in the United States, juvenile pretrial detainees have been forced to fight each other for their guards' amusement. Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law. The arbitrary and excessive use of pretrial detention is a massive and widely ignored pattern of human rights abuse that affects-by a conservative estimate-15 million people a year. The right to be presumed innocent until proven guilty is universal, but at this moment some 3.3 million people are behind bars, waiting for a trial that may be months or even years away. No right is so broadly accepted in theory, but so commonly violated in practice. It is fair to say that the global overuse of pretrial detention is the most overlooked human rights crisis of our time. Presumption of Cuilt examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse. Book jacket.
Author : Human Rights Watch (Organization)
Publisher : Human Rights Watch
Page : 348 pages
File Size : 51,8 Mb
Release : 1993
Category : Political Science
ISBN : 1564321010
14. After a riot
Author : Sona Gerald
Publisher : GRIN Verlag
Page : 33 pages
File Size : 45,7 Mb
Release : 2024-04-11
Category : Law
ISBN : 9783389010952
Academic Paper from the year 2024 in the subject Law - Public Law / Constitutional Law / Basic Rights, University of Buea, language: English, abstract: This article delves into the longstanding issue of pre-trial detention, tracing its origins back to the colonial era in Cameroon, where individuals were held in custody pending trial outcomes. It examines the extent to which pre-trial detainees' rights are safeguarded in Cameroon, revealing significant violations within the current legal framework. Notably, the Criminal Procedure Code (CPC) of Cameroon falls short in adequately protecting the right to bail, leaving its discretion to the courts. Employing qualitative research methodology, the study conducts a comprehensive doctrinal analysis of conventions, statutes, and cases. Findings indicate that while Cameroon's Constitution and CPC offer certain protections, these provisions are deemed insufficient, calling for reform. The study aims to evaluate the effectiveness of Cameroon's legal system in upholding prisoners' rights. In clarifying the term "pre-trial," the article underscores its global prevalence across Europe and Africa, encompassing diverse demographics—from first-time offenders to the mentally ill and career criminals. The history of pre-trial detention in Cameroon is rooted in colonial practices, where detainees were coerced into administrative labor. Post-World War I, there emerged heightened awareness of human dignity, catalyzing initiatives like the League of Nations' International Penal and Penitentiary Commission, which advocated for proper detainee treatment. Subsequently, the United Nations inherited this mission, emphasizing human dignity through international legal instruments, which are analyzed in the study. Three justifications for pre-trial detention are outlined: reasonable belief in the alleged perpetrator's guilt, flight risk, and potential obstruction of justice. Fundamental human rights, including liberty, are emphasized, with acknowledgment of widespread unlawful arrests, lack of legal counsel, and inhumane treatment in many countries. This article underscores the urgent need to reform Cameroon's legal framework, advocating for amendments to clarify ambiguous provisions, define undefined terms, and bolster lacking safeguards. By addressing these deficiencies, the study aims to enhance protections for pre-trial detainees and uphold fundamental rights within Cameroon's justice system.
Author : A. M. van Kalmthout,Marije M. Knapen,Christine Morgenstern
Publisher : Unknown
Page : 1014 pages
File Size : 43,7 Mb
Release : 2009
Category : Detention of persons
ISBN : STANFORD:36105134511810
Author : Christine Morgenstern,Walter Hammerschick,Mary Rogan
Publisher : Taylor & Francis
Page : 267 pages
File Size : 46,6 Mb
Release : 2023-09-15
Category : Law
ISBN : 9781000953169
High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.
Author : Open Society Foundations
Publisher : Open Society Institute
Page : 0 pages
File Size : 52,5 Mb
Release : 2014-01-01
Category : Political Science
ISBN : 1936133407
Approximately 10 million people per year pass through pretrial detention; many of them will spend months or even years behind bars—without being tried or found guilty. The socioeconomic impact of this practice is staggering. Locking away millions of people who are presumed innocent is a violation of international norms and a waste of human potential that undermines development. The costs of excessive pretrial detention are paid not only by the detainees, but also by their families, communities, and states. Pretrial detainees may lose their jobs, be forced to sell their possessions, and be evicted from their homes. Their families suffer from lost income and forfeited opportunities, including a multi-generational effect in which detainees' children suffer lower lifetime income. And the ripple effect does not stop there: the overuse of pretrial detention thwarts economic development, wastes state resources, and limits policy options. This groundbreaking study attempts for the first time to count the full cost of excessive pretrial detention, including lost employment, stunted economic growth, the spread of disease and corruption, and the misuse of state resources. Combining statistics, personal accounts, and recommendations for reform, The Socioeconomic Impact of Pretrial Detention should be of interest to anyone concerned with poverty, human rights, and development.
Author : Andrew Harding,John Hatchard
Publisher : Martinus Nijhoff Publishers
Page : 356 pages
File Size : 53,6 Mb
Release : 1993-10-19
Category : Law
ISBN : 0792324323
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Author : Piet Hein van Kempen
Publisher : Unknown
Page : 0 pages
File Size : 49,9 Mb
Release : 2017
Category : Electronic
ISBN : OCLC:1375593398
The significance of fundamental individual rights to substantive criminal law, criminal procedure law and sentencing law is undeniable for anyone who is familiar with the criminal justice system. This chapter serves three general purposes. First, it intends to portray the meaning and rationale of those human rights that are most relevant to the criminal justice system, and their significance to criminal procedure, substantive criminal law, and criminal sentencing. Second, this tripartite structure serves as a framework for fourteen essays (that are republished in the volume to which this chapter is the introductory chapter), as a result of which it also becomes clear how these essay's subject matter relates to the human rights they enlarge upon, and to the criminal justice system in general. Many of these essays reiterate the tensions and similarities between criminal law and human rights law on which the chapter elaborates. Third, the intention is to present the reader with other significant literature on the various themes under discussion, for which reason many supplementary references to publications are contained in footnotes. In combination, this introduction and the various essays - which collectively cover almost the entire criminal justice system - offer both a general overview and in-depth examination of criminal law and human rights. The fourteen essays have been chosen for their high quality, timeless approach and general attention to issues that are of universal interest and thus not too closely related to the technicalities of a specific criminal justice system. In combination with the introduction to this volume, the essays cover almost the entire criminal justice system and offer a general overview as well as an in-depth examination of criminal law and human rights. Topics that are dealt with are: criminal law, criminal procedure, criminal justice, human rights, positive human rights obligations, presumption of innocence, pre-trial detention, privacy, fair trial, non bis in idem, principle of legality, limits to criminalisation, justification and excuse, and sentencing.
Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : United Nations Publications
Page : 236 pages
File Size : 41,6 Mb
Release : 2005
Category : Business & Economics
ISBN : UOM:39015061015700
This publication is part of a series of training handbooks for human rights education which are designed to be adaptable to the needs and experience of a range of potential audiences. This publication focuses on human rights training for prison officials and includes practical recommendations, topics for discussion, case studies and checklists. Topics covered include: right to physical and moral integrity; health rights of prisoners; security regulation; prisoners contact with the outside world; complaints and inspection procedures; special categories of prisoners; and persons under detention without sentence. A companion publication "Human rights and prisons: a pocketbook of international human rights standards for prison officials" (ISBN 9211541581) is also available separately.