...created to protect our rights as citizens from domestic and international threat and harm. My proposed regulation of interest, “National Standards To Prevent, Detect, and Respond to Prison Rape “ is a compilation of recommendations prepared in April 2010 by the National Prison Rape Elimination Commission (PREA) and presented to the Department of Justice in pursuant to the Prison Rape Elimination Act of 2003. It’s important that people who care about our basic human rights as a whole not forget about those who are having these rights violated when serving their prison time in a correctional institution behind bars. Despite the person’s crime, their rights can’t be taken away and sadly, in some circumstances and environments we have to remind others that these rights remain active and lack enforcement. According to the Bureau of Justice Statistics, “among inmates who reported inmate-on-inmate sexual victimization, 13% of male prison inmates and 19% of male jail inmates said they were victimized within the first 24 hours after admission, compared to 4% of female inmates in prison and jail”. Sadly, it is the resistance to culture change by correctional staff and inmates alike that presents the greatest challenge. It is the belief that convicted felons serving time deserve a hard punishing prison life, as if to say that serving the time sentenced is not enough. In addition, society as a whole continues to punish these individuals even after serving time or paying their debt...
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...Mentally Ill in Prison PSCH/610 Mentally Ill in Prison Abstract The increase in incarcerated individuals with mental illness in the preceding decades has made the prison system a prevalent mental health provider even though they are not prepared or equipped for such task. Prison life is tough on an individual’s mental health; overcapacity, lack of privacy, violent behavior, lack of activity, inadequate health services, seclusion from family and friends, and the insecurity of what life holds after prison contribute to the inmate’s mental health. Inmates whose judgment is altered or impaired by depression, bipolar disorder, schizophrenia, and other severe mental illnesses are impacted more severely by the tribulations of prison life. Inadequate mental health services is also something mentally ill inmates face, this absconds them undertreated or mistreated. Numerous prisoners do not receive proper psychotropic medication due to the lack of mental health services and care, further impairing their capability to function. The security mission of prisons tends to overlook mental health considerations. Prison rules and codes of demeanor teach staff about security, safety, supremacy, and power. Coordinating the needs of the mentally ill with prison regulations and goals is almost impractical. Factors of the sources and effects of the concern between prison and mental illness will be observed in this research proposal. Reforms will be provided to improve mental health...
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...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 International Conventions / Instruments on Torture 30 6.1.1. International Covenant on Civil and Political Rights, 1986 30 6.1.2. The Torture Convention, 1984 30 6.1.3. The Optional Protocol 31 6.1.4. The Committee against Torture 32 6.1.5. The Convention on the Rights of the Child, 1987 32 6.1.6. Declaration on the Elimination of Violence against Women, 1993 33 6.1.7. Rome...
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...SENSITIZATION OF PRISONS WITH SPECIAL REFERENCE TO WOMEN Prisons are less sensitive to the psychological needs of women. There is a growing need for gender sensitization of the prison system. This paper essentially deals with the dilemmas faced by women prisoners in India due to the lack of gender sensitization in Indian jails. Any major program related to well-being of prisoners is focused on men, ignoring the women inmates in prisons all over the nation. The main areas of problems include the lack of provisions for inmates who have infants to take care of, social stigma during and after the prison term, and economic pressures mainly flowing from the traditional economic dependence of women on their male counterparts.. Therefore, this paper argues that there is a need for amendments at a series of levels, from Jail Manuals and prison rules to the technicalities of the prison system in the country apart from the, due care that is required to ensure that the medical, psychiatric, economic and social needs of women inmates are met. Women form a small portion of the total prison population in India. As per the World Female Imprisonment List, more than half a million women and girls are detained in penal institutions all over the world. As far as the Indian scenario is concerned, the statistics of the National Human Rights Commission till 2004 revealed that there are about 13, 355 women and girls in penal institutions all over the country, forming 4 per cent of the total prison population...
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...Robert P. Munoz Jr Scrapbook Project CJAD 345 Columbia College 19 December 2014 Table of Contents 1. Police Role – (Chapter 5 – The Police Role in Society) Article: Richard Goerling, “The Role of Mindfulness Training in Policing a Democratic Society,” Officer Safety Corner, The Police Chief 81 (April 2014): 10–11 Web Sites: Community Policing: A Model for Today's Society. (2004, May 4). Retrieved December 10, 2014, from http://www.policeone.com/community-policing/articles/86020-Community-Policing-A-Model-for-Todays-Society/ Role of police in society. (n.d.). Retrieved December 10, 2014, from http://www.activistrights.org.au/handbook/ch01s06.php BENZIGER, J. (2010, November 1). The Role of Police in Democracy. Retrieved December 10, 2014, from http://www.dynamicyouth.org/index.php?option=com_content&id=1583:the-role-of-police-in-democracy&Itemid=85 2. Corruption – (Chapter 7 – Police Corruption and Responses) Article: Griffith, D. (2003, October 1). Corruption: Cracking Down on Bad Cops. Retrieved December 10, 2014, from http://www.policemag.com/channel/patrol/articles/2003/10/corruption-cracking-down-on-bad-cops.aspx Web Sites: Statistics. (n.d.). Retrieved December 10, 2014, from http://www.policemisconduct.net/statistics/ Police Corruption and Misconduct. (n.d.). Retrieved December 10, 2014, from http://legal-dictionary.thefreedictionary.com/PoliceCorruptionandMisconduct White, S. (1999, July 4). Controlling Police Corruption. Retrieved...
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...Geneva Conventions, CEDAW and the Rome Statute of the International Criminal Court contain gender-specific provisions, the reality of women’s and men’s experiences of armed conflict have highlighted gender limitations and conceptual constraints within international humanitarian law. Judgments at the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) ad hoc tribunals have gone some way towards expanding the scope of definitions of sexual violence and rape in conflict. More recent developments in public international law, including the adoption of Security Council Resolutions 1325(2000) and 1820 (2008)focused on women, peace and security, have sought to increase the visibility of gender in situations of armed conflict( Amy Barrow, 2010). The International day for the elimination of violence against women is observed in November 25. Use of gender analysis tools, such as the African Gender Development Index (AGDI) developed by the African Centre for Gender and Development at the United Nations Economic Commission for Africa (UNECA), the United Nations regional arm for Africa, is needed (www. acgd.uneca.org). The AGDI has been applied to Ethiopia, as it is a tool for measuring national data, but it would be useful to see its versatility and accuracy adapted for application in the society at large on gender based violence. The African Union (AU) also based...
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...Austin Day Criminal Justice 1010 Capital Punishment: Execution by the State 12/8/2011 History of the Death Penalty The first death penalty laws date back to the Eighteenth Century B.C. The death penalty was punishable for 25 different crimes. The death penalty also dates back to the Fourteenth Century when it was punishable for any kind of crimes. In the Fifth Century, death sentences were administered by ways such as drowning, beating to death, burning alive or even crucifixion and in the Tenth Century A.D. hangings became the main method of execution. During the Sixteenth Century, under the power of Henry VIII, 72,000 people were executed by boiling, hanging, beheading, and boiling. People were executed if they had failed to report a crime or committed treason. During the 1700s, even small crimes were punished by death. These crimes included stealing or even cutting down a tree. A total of 222 crimes were punishable by death (“Part I: History of the Death Penalty”). Capital punishment in America was heavily influenced by Britain. When settlers came to the new world, they brought the form of capital punishment with them. Captain George Kendall was the first recorded execution in the United States for being accused of being a spy for Spain. This occurred in 1608, while in 1612 the Divine, Moral and Martial Laws were created, allowing capital punishment to be enforced for the smallest of crimes such as trading with Indians. The death penalty varied from colony to...
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...Mayor wants to run town during jail time for slay DIGOS CITY—The Davao del Sur town mayor who is one of the accused in the 2010 murder of journalist Nestor Bedolido is reclaiming his post, saying he is capable of discharging his duties even in detention. Matanao town Mayor Vicente Fernandez on Thursday went straight to his town from the hospital here, where he had been admitted since Oct. 20, after sending a “declaration of resumption of office” to the town council. “In compliance with Section 46 paragraph (b) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, I am submitting herewith my written declaration for the resumption of office in the Office of the Municipal Mayor effective Nov. 27,” he wrote. Fernandez said his hospitalization due to hypertension and other illnesses was over and he was no longer incapable of discharging his duties as mayor. He said he was taking over from Vice Mayor Elmer Javelona, who was installed as acting mayor two weeks ago. “I am cutting short my temporary leave of absence,” said Fernandez. He said his detention at the Matanao police station would not hinder him from discharging his duties “since the PNP (Philippine National Police) station is just a stone’s throw away from the government center— the municipal hall building.” Fernandez is on trial for a murder charge for Bedolido’s death, along with former Davao del Sur Gov. Douglas Cagas and Cagas’ alleged henchmen, Bado Sanchez and Ali Ordaneza. Cagas is...
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...Naxalism and Maoist Insurgency The idea of Naxalism is an idea based on communism. Naxalism in India which began in 1967 became the single largest internal threat to the nation as stated by the former Prime Minister of India Dr. Manmohan Singh. Communism is basically sharing everything among the rich and poor. Naxalism is not same as Maoism. There are differences between these groups. First one should understand what exactly is Maoism, Naxalism and Terrorism. Even though both Naxalism and Terrorism has its origin rooted to the 1967 movement in Naxalbari; Naxalism is more towards the spirit of the basic movement. But on the other hand Maoism is basically an outcome of this movement. Maoists have a base agenda on which they work on. Usage of weapons and arms to achieve this agenda is also part of their movement. Naxalism on the other hand emphasizes more on mass movement. This is the reason why Naxalism is more spread within the country and Maoists attack Indian Army and police with arms more than Naxalites. The idea of Maoism originated from China from the political leader Mao Zedong. This idea was based communism as its core. There is always confusion whether Naxalites are terrorists. Naxalism and Terrorism are two different things. Terrorism involves use of violence for political agenda or aims. The current India is not facing terrorists but Naxalites who believes in Maoism and practices terrorism. The current situation in India The Naxal and Maoists affected areas is...
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...ICTR's Akayesu Verdict SYNOPSIS The International Criminal Tribunal for Rwanda (ICTR) heard Jean-Paul Akayesu accused of vicious gang rapes and genocide that took the lives of 2,000 Tutsis. The trial court chamber of three judges, two men and one woman, had an unprecedented opportunity to clarify whether rape during internal armed conflict constitutes genocide as well as a crime against humanity. Nongovernmental organizations worked to "engender" the Tribunal while holding accountable the Hutu leaders who orchestrated genocide. The critical 1998 verdict influenced states negotiating improved standards for the prosecution of sexual violence and the creation of a permanent International Criminal Court. "Rape and Genocide in Rwanda" addresses current issues of international law, human rights, women in politics, African Studies, judicial procedure, legal and moral reasoning. RAPE and Genocide IN RWANDA: The ICTR’s Akayesu Verdict CASE OUTLINE I. An Unprecedented Opportunity Glossary and Map II. Prior Responses to Sexual Violence in War A. From “Time Immemorial” to 1948 B. From the 1949 Geneva Conventions to an International Criminal Court III. Genocide In Rwanda A. A Colonial Legacy of Ethnic Division B. Mass Killing, Rape and the 1994 U.N. Withdrawal IV. The U.N. Creates a Criminal Tribunal for Rwanda V. The Trial of Jean-Paul Akayesu Trial Chronology and Key Individuals VI. Issues for Judgment ...
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...31 Intersection between Shari' a and Reproductive and/or Sexual Health and Human Rights OLAIDE ABBAS GBADAMOSI* Shari 'a has become an important feature of the legal system of the Muslim world with its attendant implications for reproductive health and human rights. Like other religious doctrines, Islam has been used to legitimize conflicting positions on gender and reproductive choice. In some cases, women were being denied rights by those who claimed to be acting in the name of 'Islamic' laws. some of which are incompatible with internationally recognized human rights. This article identifies selected sexual and reproductive health issues at the intersection ofreproductive rights and Shari 'a e.g. adultery (zina), inheritance, child marriages, polygny, and violence against women and considers how their shared concerns may prompt actions leading to the elimination of religious and cultural barriers imposed by Shari 'a which impede the implementation of international legal frameworks and consensus documents on reproductive rights. Nigeria is selected as a case study on the nature of implementation of Shari 'a law and reproductive rights. The article calls for more progressive interpretations of Islamic law to be codified in legislative reforms and/or seek to interpret Islamic law in harmony with international human rights standards and calls for the implementation of Shari 'a that would promote respect for human rights. J believe that if Islam is interpreted and applied correctly...
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...punishment that has led some countries against it and others for it? This will be done by analyzing arguments for both “for” and “against” the death penalty. Before analyzing both “for” and “against” arguments for the death penalty, a general consensus of the term capital punishment should be understood. The Oxford Dictionary has defined capital punishment to be “the legal authorized killing of someone as punishment for a crime.” (Oxford Dictionary, Capital Punishment) Capital punishment has been practiced for almost 400 years. It began in early English common law, where nearly all wrongdoings were executed with the death penalty. In America, common crimes that have been executed by the death penalty include: arson, burglary, armed robbery, rape, kidnapping, and murder. Since the death penalty was reinstated in 1976, just over 1000 executions have been made in America. (Marcus, 2007) The first side of the argument is “for” capital punishment. The three central arguments for capital punishment that will be discussed are deterrent effects, natural law, and justice. Firstly, capital punishment is used as a deterrent method to stop crime from reoccurring. A Judge named Alex Kozinski from the US court of Appeals in America states in an interview that he notices the stricter the punishment, the less crime occurs. Although he has no proof that criminal law deters others and the offenders themselves, he assures confidence that capital punishment has some deterrence on the state. Therefore...
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...10 Prison Subculture and Prison Gang Influence LEARNING OBJECTIVES: 1. Discuss the prison subculture for inmates and correctional officers. 2. Compare importation theory with exportation theory. 3. Identify different aspects of prison culture that explain how offenders and officers view the world around them. 4. Discuss how professionalization and the diversification of correctional staff have impacted the prison subculture. 5. Discuss the impact that prison gangs have had on prisons, including the traditional prison subculture. 6. Identify the 13 gangs listed in this chapter as the primary prison gangs in the United States. 7. Explain what prison systems do to control gang problems that occur in their facilities. chapter I will stand by my brother My brother will come before all others My life is forfeit should I fail my brother I will honor my brother in peace as in war Aryan Brotherhood Oath INTRODUCTION This chapter provides students with a very unique aspect of the world of corrections. Students will learn that within the institutional environment, there is a commonality of experiences that arise between those who are involved; this is true for both inmates and staff. Indeed, many people may not be aware that, in fact, the mind and the world of the inmate often affect the mind-set of security personnel who work with the inmate. In essence, there is an exchange of beliefs and perspectives that often come together to produce a unique fusion...
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...this article is to ascertain various alternatives to punishment that contributes positively and effectively in the reformation and rehabilitation of the offender as well as the victim within the socio-economic conditions of India. The article further attempts to explore the possibilities of reconciliation of the punitive and reformative ideals to the common betterment of the offender, victim and the society. Introduction Punishment is a means of social control. It is given to the offenders with the aim to check them from committing crimes again. It deters not only the actual offenders but also others from doing the same kind of acts in future. On the one hand, it is some solace to the victim or to his relatives if the offender is punished and on the other hand it serves a social purpose to prevent the people from indulging in criminal acts. So that the punishment may be a reasonable means to check the crime, three things are essential for it. The first is the speedy and inescapable detection and prosecution, the second is a fair chance of “a fresh start” after the punishment and the third is that the State which claims the right to punish must uphold the superior values to be reasonably expected from the prisoner for being acknowledged.[1] The concept of punishment is that of inflicting some sort of pain on the offender for his violation of law. The idea of inflicting pain or suffering in awarding punishment has been modified in view of the modern reformatory methods introduced...
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...THE UNIVERSITY OF ZAMBIA SCHOOL OF EDUCATION DEPARTMENT OF LANGUAGE AND SOCIAL SCIENCES DEPARTMENT NAME : LIMPO NAMAKAU COMPUTER NO : 11053909 COURSE : CVE 3020 LECTURER : MR. CHIDONGO PHIRI TASK : ASSIGNMENT (1) ONE LENGTH : BETWEEN 12 and 30 TYPED PAGES DUE DATE : 30th JANUARY, 2014. QUESTION : Critically discuss how the study of Public Legal Education would help school managers analyse the following; i). Public Nuisance ii). Negligence of girl child iii). Abortion Practices iv). Examination Malpractice Without rules and regulations, society would be impossible to have because freedom without boundaries results in anarchy which means total confusion. From birth, human beings’ lives, safety, health and peace are controlled by law. It is for this reason that this piece of work seeks to critically discuss how the study of public legal education would help school managers analyze public nuisance, negligence of the girl child, abortion practices and examination malpractices. According to Johari (1989), law is a set of rules which society develops for itself to control the behaviours of its members towards one another. Migel et al (2005) defines public as something that is not owned privately but in common, while legal is a word used to refer to issues, things, activities or information to do with how or what the law requires (Cooper, 1978). For a rule to be recognized as a law there should be a way of compelling people to obey it and this is done...
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