in U.S.A and what current action is being taken about it. I will be also looking in to the Bush administration and the way they dealt with habeas corpus. The original purpose of habeas corpus "was to bring people into court rather than out of imprisonment" and by the year 1230‚ the writ ’s utility for that purpose was a well-known aspect of English common law. Known as "the Great Writ‚" its codification into English law came by way of Parliament in the Habeas Corpus Act of 1641‚ created in response
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harmful physical contact with one person‚ and accidently hits a different person‚ the intent is transferred to the unintended victim. So even if the tortfeasor didn’t intend to hit a third person‚ it is still a battery on that individual. False imprisonment is when a tortfeasor purposely confines a person against their will. This tort also has some key elements‚ which are: “confinement without captive’s consent‚ tortfeasor’s intent to confine victim‚ confinement for an appreciable length of time‚
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in cases where the unlawful detention or imprisonment of a person is suspected. (Wikipedia) A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. (Lexicon) A habeas corpus petition can be filed to a court by a person who objects to his or her own or another’s detention or imprisonment. Think about pervious wars
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incarceration is the act of placing a bunch of people in prisons‚ detention centers‚ and correction facilities. Usually‚ the people affected are people of color‚ the reasoning behind placing people in these situations is because of misdemeanors‚ for the sake of putting people in prison or because of their status. Because of these conducts by law enforcers‚ the population of the imprisoned is growing exponentially that the prison systems and detention centers are not giving proper amenity and placing people
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Only a person who can claim that they have a well-founded fear of persecution can claim asylum. The majority of asylum seekers come to the UK from four main countries. These are Afghanistan‚ Iraq‚ Somalia and Sri Lanka. Different people see the asylum seekers in different situations. Some see them and immediately give them sympathy and say that they would do the same if they were in the same situation. Whilst others see them all as people who only come here for the money and this annoys them
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Community Correction Paper May 27‚ 2012 CJS/230 – Introduction to Corrections Community corrections programs are to oversee offenders outside of jail or prison‚ and are administered by agencies or courts with the legal authority to enforce sanctions. Such community corrections programs are probation and parole. There are also sub-programs that are parts of community corrections; such programs are drug-involved offenders‚ sex offender programs‚ and electronic monitoring technologies.
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been brought into focus in the past decade. In the years since the September 11‚ 2001 terrorist attacks‚ hundreds of people have been detained by the United States government as part of its war on terror. Most of these detainees face indefinite detention and have neither been charged with a crime nor afforded prisoner of war status. Habeas corpus serves to protect citizens against arbitrary arrest‚ torture‚ and extrajudicial killings and is a fundamental personal libers guaranteed by our Constitution
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whether before or after a criminal conviction‚ is called incarceration. Incarceration is one of the main forms of punishment for the commission of illegal offenses. Juveniles and adults alike are subject to incarceration. Incarceration is the detention of a person in a jail or prison. The federal‚ state‚ and local governments have facilities to confine people. Individuals awaiting trial‚ being held pending citations for non-custodial offenses‚ and those convicted of misdemeanors (crimes which
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likely to increase the criminalisation of young offenders rather than reduce it.” Research consistently shows that prisons are ineffective in rehabilitating offenders and preventing re-offending. Imprisonment is therefore a poor use of public money – and prisons are costly. Studies indicate that youth detention is a pathway to adult offending as 30% of adult offenders were first incarcerated in the youth system. “Cost-effective interventions that leverage the strengths of families and communities to
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The outcomes which arise when they fail to adequately exercise a duty of care are often disastrous. A study prepared for the national study into racist violence found that over 80 per cent of Aboriginal juveniles in detention centres in New South Wales‚ Queensland and Western Australia alleged that they had been assaulted by police on at least one occasion (Cunneen‚ 1991). In addition‚ there was a strong tendency on the part of those interviewed to see the violence as
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