...PUNJAB, PATIALA CUSTODIAL TORTURE: VIOLATION OF HUMAN RIGHTS SUPERVISED BY: SUBMITTED BY: Ms. Sangeeta Taak Rajiv Gandhi National University of Law Patiala (Punjab) PROJECT SUBMITTED IN THE PARTIAL FULFILMENT OF REQUIREMENTS OF THE SUBJECT OF CRIMINAL LAW FOR EIGHTH SEMESTER, B.A.LL.B (HONS.) COURSE SURBHI MEHTA Assistant Professor of Law (Roll No. 581) TABLE OF CONTENTS CHAPTER 1: INTRODUCTION 1 1.1. Objectives 2 1.2. Research Methodology 2 1.3. Hypothesis 2 1.4. Definitions 3 1.4.1. Police 3 1.4.2. Torture 4 CHAPTER 2: HISTORICAL BACKGROUND 6 CHAPTER 3: CUSTODIAL TORTURE AND RELATED DIMENSIONS 10 3.1. Categories 10 3.1.1. Physical torture 10 3.1.2. Custodial Death 12 3.1.3. Custodial Rape 13 3.2. Causes 14 3.2.1. Structural 14 3.2.2. Other Causes 15 3.3. Consequences 16 3.3.1. Physical Consequences 16 3.3.2. Psychological Consequences 16 3.3.3. Economic Consequences 16 3.3.4. Social Consequences 16 CHAPTER 4: LEGISLATIVE PROVISIONS 17 4.1. The Constitution of India, 1950 17 4.2. The Criminal Procedure Code, 1973 18 4.3. Indian Evidence Act, 1872 19 4.4. Protection of Human Rights Act, 1993 20 4.4.1. The National Human Rights Commission 20 CHAPTER 5: JUDICIAL PRONOUNCEMENTS 22 5.1. Monetary Compensation and Judicial Response 25 5.2. Judgements Awarding Compensation 27 5.3. Judgments Awarding Punishment 28 CHAPTER 6: INTERNATIONAL PROTECTION AGAINST TORTURE 29 6.1. Major...
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...Brian Burwell 0481195 Tesc; Oct 2011 AOJ-102-OL009: Intro to Criminal Justice 609-367-4317 bluntreality@gmail.com Abstract This paper examines the prevalence of false allegations of domestic violence within the criminal justice system; detailing how the accused are often viewed as guilty until they are proven innocent. In Part I, I will reveal the problems associated with false allegations of domestic violence, and why this topic is of importance to me. Part II will examine the flawed responses to these accusations that pervade the criminal justice system. Part III will explicate the incentives by vindictive people to make such claims – e.g. winning a divorce case, or receiving custody of the children. Part IV will review the statistical analysis of false domestic violence claims, and outline the cost to not only the accused, but the government as well. Lastly, in Part V I will summarize the topic by arguing that laws should be changed to reflect that some individuals use false allegations of domestic violence in a malicious manner, and that they should be dealt with accordingly. ...
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...Justice Statistics (BJS) reports that at the end of 2010, there were 2,266,800 adults incarcerated in the U.S. federal and state prisons, and county jails (Prisoner Statistics, 2012). When one adds the reported 493,100 corrections staff working inside the prison or jail, the total number of people interacting on a daily basis in this closed society creates conditions where corruption at some level is likely to occur (Bureau, 2012). Research suggests corruption of correction officers, also known as detention officers, or guards is a serious issue that should be continually addressed by facility management because it occurs for many reasons and takes on many forms that can pervert the justice system. This paper will explain some main forms of corruption, give outrageous examples of documented corruption, and spell out why, given the ethics expected of the profession, corruption must be continually addressed and prevented. The first step for criminals is finding the officer with a mindset that can be corrupted. Low to median pay scales for these officers and an increase in offenders affiliated with the gang element of society has increased the potential for corruption related manipulation of prison staff (Diaz, 2009). “Corrections and law enforcement work by its very nature involves the...potential for gradual deterioration of social-moral inhibitions and perceived sense of permissibility for deviant conduct” (Barnhart, 2010a). There are those individuals who are corrupt that are...
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...Login 2006 GMC Sierra 1500 Join The Research Paper Factory $10,995 VIEW Join Search Browse Saved Papers Search over 100,000 Essays Home Page » Other Topics Accountability In: Other Topics Accountability This essay is all about accountability. Where it came from and why it’s important today. The word “accountable” has so much history behind it. Accountability is important on all levels. Being able to be accountable is a corner stone of being a working member of society. Accountability is a word with many different meanings. This essay will explore what accountability is, where it comes from, and what it means to “be accountable”. Websters dictionary defines it as such: the quality or state of being accountable; especially; an obligation or willingness to accept responsibility or to account for ones actions. "Accountability" stems from late Latin accomptare (to account), a prefixed form of computare (to calculate), which in turn derived from putare (to reckon). While the word itself does not appear in English until its use in 13th century Norman England, the concept of account-giving has ancient roots in record keeping activities related to governance and money-lending systems that first developed in Ancient Israel, Babylon, Egypt, Greece, and later, Rome What is accountability and the definition: (DOD) The obligation imposed by law or lawful order or regulation on an officer or other person for keeping accurate record of property, documents, or funds. The person having...
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...Chapter One – Introduction 1.1: Introduction 1.2: Origin of the study 1.3: Objectives of the study 1.4: Data collection process 1.5: Limitations 1.1: Introduction Juvenile Delinquency is a terrible problem in the unequal management system of society of the modern world. Juvenile Delinquency is increasing for the fast and speedy development of Industrialization and Urbanization. Industrialization and Urbanization make changes the Family structure which increases the propensity of Juvenile Delinquency. A large scale of people has been shifted to City town from rural area and keeps staying in the abdomen. This also increases Juvenile Delinquency. Now Juvenile Delinquency has emerged as a matter of concern in Bangladesh in recent times with the number of children and young people involved in "criminal activities" rising at an alarming rate. In most of the cases this is not a deliberate choice for the children. Numerous social factors coupled with poor parenting, family troubles and above all extreme poverty are pushing these children to this anti-social position. A child is born innocent and if nourished with tender care and attention, he or she will be blossom with faculties physical, mental, moral and spiritual into a person of stature and excellence. On the other hand, noxious surroundings, neglect of basic needs, bad company and other abuses and temptations would spoil the child and likely to turn him a delinquent. Therefore, expressing his concern for Child care, the...
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...1. Introduction For this paper, I have chosen Case study 1 to be discussed. By applying the knowledge gained throughout the syllabus and proper research, I have met the requirements of the paper. Based on contemporary justice in crime, the paper has been prepared. First, the brief description of the crime is outlined by summarizing the whole issue centered in the case study. Secondly, I have focused on description of the processes in the adult American criminal justice system the offender would go through, starting with arrest. Further, I have highlighted the weakest and strongest links in the criminal justice process. 2. A brief description of the crime Based on reading of the Case study 1, it is revealed that there are two murders happened....
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... Caring for Inmate-Patients In 2010, approximately one in every 27 adults (2.8 million) in the United States was behind bars according to a report from the National Commission on Correctional Health Care (NCCHC), 2012. Maintaining a safe and secure environment is the most important mission of correctional facilities - not healthcare. Correctional nurses are challenged to provide inmate healthcare services in a caring relationship that promotes wellness, restores health, and facilitates healing. A great deal has been written by nursing theorists regarding a caring attitude, and that it is fundamental to the nurse’s role. No other health care setting presents such limitations to nurses’ free expression of caring. The purpose of this paper is to conduct a review of the literature on how nurses balance the culture of security and the culture of care while delivering health care to inmate-patients in a correctional setting. Analysis It is well documented in the nursing literature that nursing care for prisoners is both complicated and conflicting. These findings clearly stated that the experiences of caring for inmate-patients vary greatly from that of any other health care setting. Both the infrastructure of a prison coupled with its restrictive security element, directly affects how the health care of inmate-patients is delivered. This is in direct correlation with the findings of Mathis & Schoenly, 2008; Muse, 2009; and Weiskopf, 2006. These identified restrictions...
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...THE JUVENILE JUSTICE SYSTEM CHAPTER ONE Chapter Outline Origins of the Juvenile Justice System Juvenile Court Jurisdiction Defining Delinquency Defining a Juvenile Chapter Objectives After completing this chapter, you should be able to: 1. Describe the jurisdiction of the juvenile court. 2. Explain what is meant by delinquency. 3. Explain what is meant by status offenses. 4. Compare the ways in which the various states define a juvenile. 5. Identify and define the unique terms used in the juvenile justice system. 6. Outline the three major steps in the juvenile justice process. 7. Describe the five decision points in the juvenile justice process. The Language of Juvenile Justice Overview of the Juvenile Justice System Law Enforcement and Other Referral Sources Juvenile Court Disposition Comparison of Juvenile and Criminal Justice Systems 8. Compare and contrast the juvenile and criminal justice systems. 3 4 PART ONE Juvenile Justice and Delinquency in the United States Origins of the Juvenile Justice System Before the establishment of the juvenile justice system, courts and judges treated juveniles as adults and, in many instances, juvenile offenders received the same punishment as adults. There was only one system of justice in the United States, and all offenders were processed through it without regard to age. Under common law doctrine, the legal system the American colonists brought from England, a juvenile age seven or older could receive the same...
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...INTRODUCTION A very simple understanding of Human Rights is that the rights which are inherent to all human beings, whatever be the nationality, Place of residence, sex, national or ethnic origin, colour, religion or any other status and discrimination should not be there among the people. “The concept of human rights, though the British claim that they knew from the time of their Magna Carta(1215),were to incorporated in the Indian Police Act,1861 and as such the accountability of the police for human rights violation as not at all a concern for the English at a time when they drafted the Indian Police Act in 1861.When India became independent, most of the Indian states drafted their State Police Acts and even there, the experts who drafted the Acts was concerned with the drafting of the Acts in tune with the Colonial Indian Police Act rather than doing the same keeping in mind the principles of the Human Rights as guaranteed by Indian Constitution and Police Accountability”. “Under the Police Act 1861,which is still in force, Police in India is nothing more than a government department lacking the autonomy under rule of law that exists for the police in other leading democracies. No doubt the Constitution of India is the supreme law of the land but the police are governed by the repressive 1861 Police Act and the regressive Indian Penal Code (IPC) and Criminal Procedure Code (CrPC)”. Police are the important mass of the justice system so it is their responsibility to protect...
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...the fourth argument shows what effect the media has on the courts decisions. Then finally the fifth researches the rate of offenders re-offending. This essay concludes that the criminal justice system is not using it's ability to the fullest to stop these offenders from re-offending within our community. The first argument in the weaknesses of the criminal justice system addresses the time an offender spends in remand, in the wait of their trial date. The length remandees are spending in custody is far too extensive, and more action needs to be done to trounce this problem within our system. When a person is placed in remand it is believed the main factors are; so that they actually show up for their hearing, to protect witnesses, or anyone else if they re-offend, and in some cases the accused themselves need the protection (Sarre et al 1999). Biles (1990) documents that the annual prison census conducted in 1990 shows us that out of 1,843 remandees, 4.3 per cent spent over one year in custody and 13.3 per cent of those served between six to twelve months. Due to this lengthy remand period, we are now seeing an increase in our prison population, mainly that of remandees rather than convicted...
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...Show me your papers For the past two years, the state of Arizona has been causing a huge controversy that arose due to the enactment of the Senate Bill 1070, known as the Arizona law. This arguable state law gives the right to police officers to attain immigrants and take them into custody during lawful contact if they are found to not be carrying legal documents to prove that they are rightful immigrants of the United States. The Arizona law has caused a stir, as immigrants feel that they are not being treated fairly as other citizens and harshly targeted. Despite this, the Arizona law is a privilege to the state, for it gives a hand to the federal government when dealing with crimes affiliated with illegal immigration. Many senators and representatives of the state of Arizona support this law in order to guard citizens and lawful residents against vicious crimes that could be committed by illegal immigrants. According to John C. Eastman the state of Arizona has been challenged by crucial illegal immigration problems even before the passing of SB1070. These problems include the increased rate of drug usage, human-smuggling, unlawful transportation of those aliens, and huge numbers of illegal immigrants being captured at the Arizona-Mexico border. CBS news reported that “Forty-five percent of all immigrant arrests by U.S. Customs and Border Protection are made in Arizona, and smugglers use Phoenix as a hub for moving illegal immigrants across the country.” Further, Governor...
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...the use of excessive force by U.S. police departments continue to generate headlines more than two decades after the 1992 Los Angeles riots brought the issue to mass public attention and spurred some law enforcement reforms. On Staten Island, N.Y., the July 2014 death of Eric Garner because of the apparent use of a “chokehold” by an officer sparked outrage. A month later in Ferguson, Mo., the fatal shooting of teenager Michael Brown by officer Darren Wilson ignited protests, and a grand jury’s decision not to indict Wilson triggered further unrest. In November, Tamir Rice was shot by police in Cleveland, Ohio. He was 12 years old and playing with a toy pistol. On April 4, 2015, Walter L. Scott was shot by a police officer after a routine traffic stop in North Charleston, S.C. The same month, Freddie Gray died while in police custody in Baltimore, setting off widespread unrest. The policeman in the South Carolina case, Michael T. Slager, was charged with murder based on a cellphone video. In Baltimore, the driver of the police van in which Gray died, Caesar Goodson, was charged with second-degree murder, with lesser charges for five other officers. There have been no indictments in the earlier cases. These follow other recent incidents and controversies, including an April 2014 finding by the U.S. Department of Justice (DOJ), following a two-year investigation, that the Albuquerque, N.M., police department “engages in a pattern or practice of use of excessive force, including...
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...Commission Bangladesh CHAIRMAN’S STATEMENT The Securities and Exchange Commission (SEC) was established on June 8, 1993 under the Securities and Exchange Commission Act 1993 (Act 15 of 1993) as a capital market regulator with a view to ensuring proper issuance of securities, protection of the interest of investors in securities, development of the capital and securities markets, and regulation of the capital and securities markets in Bangladesh. The Commission consists of a chairman and four full time members who are employed by the government for a period of three years renewable for another similar term. The services of the chairman and members of the Commission are also determined by the government. The Chairman is the chief executive officer of the Commission. The country’s capital market witnessed a remarkable turn-around during the fiscal year 2008-2009. There were unmistakable signs of the resurgence of investor’s confidence which suffered a major jolt in the wake of the catastrophic crash of the stock market in 1996. Dhaka Stock Exchange’s (DSE) general index which was introduced on 27th November 2001 with a base of 818 points hardly moved in the following two years with the index increasing by merely five points to reach 823 on 30th June 2003. A significantly higher level was attained during the following year with the index rising to 1319 as of 30 June 2004. Parallely, Chittagong Stock Exchange’s index rose from 1841 as of 30th June 2003 to 2329 as of 30th June 2004....
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...individual ones”( Creswell, 2009, p.104). Rhodes, A.L. Total Confinement: Madness and Reason in the Maximum Security Prison (2004) is a book written by Dr. Lorna Rhodes. Her study explores, examines, and recognizes what life is like inside confined walls of solitary units inside prisons. Her study provides not only the image of solitary confinement- but the sense of loss and liberty of humanity when an offender is faced with long periods of extensive isolation from all; but those who feed you (correctional officers). Dr. Rhodes- explores and discusses the challenges that are faced both by the front-line-staff and offenders. Such as, psychological, emotional, and physiological changes- and provides her academic perspective with a scientific response. Rationale for Selection There are a lot of research currently available in-regards to isolation of offenders, and the biological effects on human body, mind, and perceptions. This study is valuable to my research even though the findings are not as scientific as I would have hoped; nevertheless, it provides circumstantial evidence that supports the harmful and toxic effects of segregation on offenders, health care providers, and the front-line-staff. Her portrayal and descriptive encounters with all that are involved in her ethnographic study holds true- as I am presently integrated in the life of incarceration, and segregation. It did, however,...
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...Premier Collage | Document Retention Policy | Litigation Hold Notice | | | 8/26/2113 | Table of Contents 1.0 POLICY STATEMENT ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐---‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 4 2.0 PURPOSE ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 4 3.0 APPLICABILITY ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐--‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 5 4.0 DEFINITIONS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 5 1. Official Records Retention and Disposition Schedules ------------------------------------------------------------- 5 2. File Breaking ------------------------------------------------------------------------------------------------------------------- 5 3. Litigation Hold -----------------------------------------------------------------------------------------------------------------6 4. File Integrity ------------------------------------------------------------------------------------------------------------------- 6 5. File Maintenance ------------------------------------------------------------------------------------------------------------- 6 6. Personally Identifiable Information ------------------------------------------------------------------------------------- 6 7. Confidential Information ----------------------------------...
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