PROTESTATION AGAINST ARREST DETENTIONS AND CUSTODIAL DEATH Protestations against arrest detentions and custodial deaths are emblematic of broader societal concerns regarding police accountability, human rights abuses, and the need for systemic reforms within the criminal justice system. Arrest detentions, when carried out without proper legal justification or procedural safeguards, can lead to violations of individual rights, arbitrary detention, and instances of abuse and torture in custody. Custodial deaths, which occur under suspicious circumstances while individuals are in police custody, raise serious questions about police misconduct, negligence, and impunity. In response to these issues, civil society organizations, human rights activists, …show more content…
Rights are fundamental principles that recognize and protect the inherent dignity, autonomy, and freedoms of individuals within society. They serve as a bulwark against arbitrary interference, oppression, and injustice, ensuring that individuals are treated with respect and afforded opportunities to pursue their aspirations and well-being. The concept of rights is grounded in the belief that all human beings possess intrinsic value and are entitled to certain fundamental protections and entitlements by virtue of their humanity. These rights include civil and political rights, such as the right to life, liberty, and due process, as well as economic, social, and cultural rights, such as the right to education, healthcare, and a decent standard of living. Rights provide a framework for promoting human dignity, equality, and justice, and serve as a basis for holding governments and institutions accountable for upholding the rights of individuals and communities. Punishment, on the other hand, is a mechanism employed by societies to uphold the rule of law, maintain social order, and deter unlawful behaviour. It involves the imposition of sanctions or penalties on individuals who violate established laws or norms, with the aim of promoting accountability, preventing harm, and facilitating rehabilitation. Punishment encompasses a range of measures, including fines, imprisonment, community service, and rehabilitation programs, and is typically administered through the criminal justice system. The rationale for punishment is multifaceted and includes both utilitarian and retributive considerations. From a utilitarian perspective, punishment is justified on the grounds that it serves to deter future criminal behaviour, protect society from harm, and promote the overall welfare and security of the community. By imposing consequences
constitutional level to bring its national legislation in line with its obligations under international law. 28. Investigations must be made particularly with regard to allegations of torture and ill treatment against those who are detained as well as gender based violence perpetrated against females. Those who commit crimes should be held accountable and effective remedies should be provided to victims. Furthermore, protection for journalists should be provided as well as the general public in terms
of justice, unlawful arrests and so on. There are remedies however, for those who abuse the system. In this essay I will critically consider the conditions for a lawful arrest. There is however, no concrete definition of arrest. It was deprived in Christie v Leachinsky (1947) that an arrest is ‘the beginning of imprisonment’, thereby suspects to a degree are physically restrained as they cannot be free to go wherever they like. So, during a criminal investigation, an arrest occurs whereby the police
Introduction: Preventive detention can be defined as a practice of detaining accused individuals before trial on the assumption that their release would not be the best interest of the society. That they would likely carry out violations in the event that they would be discharged. Preventive detention is also used when the release of the accused is felt to be detrimental to the state’s ability to carry out its investigation. Most persons held in preventive detention are criminal defendants, but state
Four elements of arrest: There are a few elements that need to be introduced before an arrest is taken place. These few elements are Seizures and detention, Intention to arrest, Arrest Authority and lastly understanding for the individual that they are being arrested. To discuss these elements it first starts with seizure and detention. Seizure and detention have a two-lane road which is actual, meaning that a person is taken into custody without using the use of force but very few touching is
to different situations like cars, houses, and weapons in car. A vast majority of states in the US have laws that allow police officers to stop and frisk an individual. This procedure is allowed on the basis of reasonable suspicion, where as an arrest requires probable cause. If reasonable suspicion is not displayed then it is not a valid justifiable stop and frisk. Reasonable suspicion can be established with information that is different in quantity or content from that required to establish
Application The reason behind the procedure of arrest and detention of the accused is to secure his presence at the time of trial and also confirm that in case if he found to be blameworthy he will be available to receive the sentence. If appearance of accused at the time of trial could be assured other than his arrest and detention, it would be unfair to deprive the liberty of the accused during the pendency of the criminal proceedings against him. An ‘anticipatory bail’ is a misnomer that bail
Hussain). Section 196 has been implemented instead of Article 9 of the United Nations international agreement on civil and political rights which states “no one shall be subjected to arbitrary arrest or detention”. (Abeer Hussain) Moreover, People who come by boat to seek refuge are discriminated against people who come by plane. If they breach their visa conditions by overstaying, they are provided with a lawful temporary status to wait for the outcome their application by granting them a bridging
Depending on how aggravated I am or aggressive they are, I have the ability or discretion in how I want to handle the juveniles. If they had gotten physically abusive, this could result in a custodial arrest and possibly being transferred to a juvenile detention facility (Fuller, 2009). There are several situations that can occur based on the behavior of the child, frequency and seriousness of the offense, but usually stationhouse adjustments result with the juvenile being given
Hypothetical The issue is whether there was a 4th Amendment and 6th Amendment violation in the search of the car and the subsequent confession. The 4th Amendment is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. A search
about by a strong leader like Machivelli or Dante. Many people still will not join even the strongest political leader in order to support their country beca... ... middle of paper ... ...shment illegal, but occasionally excessive force is used against immigrants or citizens with psychological disabilities. There is no law that criminalizes torture directly, but one can be found guilty of violence under a criminal code article. However, this is only if the criminal is denounced by the victim. (US
offender’s race, ethnicity, and sex may influence the likelihood of pretrial detention indirectly. These studies specify the factors that judges must take into consideration in making decisions regarding pretrial release or detention. These factors are: (1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a controlled substance; (2) the weight of the evidence against the defendant; (3) the history and characteristics of the defendant;
The Universal Declaration provides that everyone without discrimination has the right to: be free from slavery, be free from cruel, inhuman, or degrading treatment or punishment no one shall be subjected to arbitrary arrest, detention or exile ((The Universal Declaration of HUMAN RIGHTS, UDHR, Declaration of Human Rights, Human Rights Declaration, Human Rights Charter, The Un and Human Rights. (n.d.). Retrieved November 25, 2014, from http://www.un.org/en/documents/udhr/index
record. Perhaps the entire notion of human rights will see a fundamental change if the perspective shifts from a Western to an Eastern one as the balance of power shifts with an emerging Chinese hegemon? This paper analyzed Sino-American relations against a single variable: human rights. In many cases, especially in Realism-based diplomacy, the progression of human rights does not take priority over economic interests and the geopolitical balance of power among nations. In the future, it would be beneficial
the criminal law and is dealt with in the Indian Penal Code under the topic “wrongful confinement”. In India, even constitutional remedies are available against false imprisonment. Literature Review The tort of false imprisonment is restraining someone in a limited area without her consent or justification. It applies even to governmental detention. The IPC deals with false imprisonment under the topic of “wrongful confinement” from s.339 to s.348. The restriction with respect to any good is also considered
by juvenile girls, as arrest rates have increased most in the area of violent offenses. In response to this emerging trend, juvenile justice professionals are increasingly advocating for gender specific intervention and rehabilitation models to deter further delinquency involvement. This effort is rooted in investigating the risk factors for criminal behavior among adolescent females, and the compound effect multiple risk factors may illicit. Between 1991 and 2000, arrest rates for girls increased