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Author: Stephen Gerard Coughlan
Publisher:
ISBN: 9781552214480
Category : Arrest
Languages : en
Pages : 407
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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: Stephen Gerard Coughlan
Publisher:
ISBN: 9781552214480
Category : Arrest
Languages : en
Pages : 407
Get Book Here
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: B. Uma Devi
Publisher: Oxford University Press
ISBN: 0199088632
Category : Law
Languages : en
Pages : 551
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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: F. Rock
Publisher: Springer
ISBN: 023028650X
Category : Law
Languages : en
Pages : 374
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Book Description
Organizations acting on behalf of society are expected to act fairly, explaining themselves and their procedures. For the police, explanation is routine and repetitive. It's also very powerful. This book provides an unusual opportunity to see different speakers and writers explaining the same texts in their own words in British police stations.
Author: Jared Genser
Publisher: Cambridge University Press
ISBN: 1107034450
Category : Law
Languages : en
Pages : 655
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Book Description
This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Author: Shima Baradaran Baughman
Publisher: Cambridge University Press
ISBN: 1107131367
Category : Law
Languages : en
Pages : 331
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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: Martin L. Friedland
Publisher: University of Toronto Press
ISBN: 1487597290
Category : Social Science
Languages : en
Pages : 318
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Book Description
Detention before trial has been one of the most neglected areas in the whole administration of criminal justice. In the past, attention has been focussed almost exclusively on detention after trial (i.e. sentencing), which touches the lives of significantly fewer persons than detention before trial. There has been no previous examination in Canada of the utility or effectiveness of its operation. This study will fill an important need by documenting statistically the extent and nature of custody before trial in the Toronto Magistrates' Courts, where the overwhelming majority of citizens charged with criminal offences in the Toronto area are tried. Although the study is primarily directed at practices before trial in Toronto, many of these practices can be found in other cities throughout North America. Specific areas of importance which were investigated here include the use of the summons; the extent to which accused persons are detained in custody both before and after the first court appearance; bail-setting practices and the ability to raise bail; the activities of professional bondsmen; the enforcement of penalties for absconding; and the relationship between custody and the outcome of the trial. Much of the presentation of the data is descriptive, but attempts are made throughout the study to prove statistically the existence of casual relationships. The result is a work which brings together in lucid and scholarly form important evidence which will be valuable to lawyers and all who are professionally concerned with social problems, and of interest to everyone with a regard for the administration of justice.
Author: Dale Carson
Publisher: Chicago Review Press
ISBN: 1613748043
Category : Law
Languages : en
Pages : 386
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Book Description
"Arrest-Proof Yourself will teach you everything you need to know about dirty cops, racial profiling, probable cause, search and seizure laws, your right to remain silent, and much more. This how-not-to guide will keep you safe and sound all year long." --Zink magazine What do you say if a cop pulls you over and asks to search your car? What if he gets up in your face and uses a racial slur? What if there's a roach in the ashtray? And what if your hot-headed teenage son is at the wheel? If you read this book, you'll know exactly what to do and say. More people than ever are getting arrested—usually for petty offenses against laws that rarely used to be enforced. And because arrest information is so easily available via the Internet, just one little arrest can disqualify you from jobs, financing, and education. This eye-opening book tells you everything you need to know about how cops operate, the little things that can get you in trouble, and how to stay free from the hungry jaws of the criminal justice system. It is now updated with new and important information on the right of the police to search your car; on guns, knives, and self-defense; and on changes in surveillance methods. Dale C. Carson was an FBI field agent, a SWAT sniper, an instructor at the FBI academy, and a Miami police officer who set Florida records for felony arrests. He is currently a criminal defense attorney. Wes Denham is the author of Arrested.
Author: Nigel Rodley
Publisher: Oxford University Press, USA
ISBN: 0199215073
Category : Law
Languages : en
Pages : 750
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Book Description
This book deals with a specialized area of international law relating to prisoners, especially as regards the worst abuses to which they may be subject, such as torture, enforced disappearance and summary or arbitrary executions.
Author: Claire Macken
Publisher: Routledge
ISBN: 1136741879
Category : Law
Languages : en
Pages : 233
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Book Description
This book analyses the preventative confinement of suspected terrorists with regard to different models of counter-terrorism policy within the context of international human rights law. The book is written from a global perspective drawing on cases and practice from different jurisdictions including the US, the UK and Australia.
Author: Christine S. Scott-Hayward
Publisher: University of California Press
ISBN: 0520298314
Category : Social Science
Languages : en
Pages : 309
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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.
