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Journal articles on the topic 'Mandatory detention'

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Published: 4 June 2021
Last updated: 29 January 2023

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1

Buley, Tim. "Mandatory Detention." Judicial Review 17, no. 2 (June 15, 2012): 136–43. http://dx.doi.org/10.5235/108546812801228112.

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2

&NA;. "Mandatory detention needed to control TB?" Inpharma Weekly &NA;, no. 1174 (February 1999): 5. http://dx.doi.org/10.2165/00128413-199911740-00007.

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3

Silverman, Stephanie J. "In the Wake of Irregular Arrivals: Changes to the Canadian Immigration Detention System." Refuge: Canada's Journal on Refugees 30, no. 2 (November 19, 2014): 27–34. http://dx.doi.org/10.25071/1920-7336.39616.

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This article seeks to address the policies, practices, and conditions of immigration detention in Canada. The article surveys detention worldwide, its promulgation in Canada, and changes ushered in via 2012 policy innovations. Focusing on mandatory detention and its relationship to the Designated Countries of Origin policy, the article also demonstrates the disproportionality of the Canadian government’s response to recent arrivals of people migrating by boat. The article emphasizes the dangers of establishing mandatory detention provisions and questions the justifications provided by defenders of the policies.
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4

Torrey, Philip. "Rethinking Immigration’s Mandatory Detention Regime: Politics, Profit, and the Meaning of “Custody”." University of Michigan Journal of Law Reform, no. 48.4 (2015): 879. http://dx.doi.org/10.36646/mjlr.48.4.rethinking.

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Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement, boasts that the figure is “an all-time high.” In some ways, these numbers are unsurprising, considering that the United States incarcerates approximately one in every one hundred adults within its borders—a rate five to ten times higher than any other Westernized country. An immigration law, known as the mandatory detention statute, is partially to blame for this recordbreaking immigration detention population. Under this law, facilities may hold noncitizens without providing them an opportunity to ask for release.
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5

Taylor-East, Rachel, Alexia Rossi, Julian Caruana, and Anton Grech. "The mental health services for detained asylum seekers in Malta." BJPsych. International 13, no. 2 (May 2016): 32–35. http://dx.doi.org/10.1192/s2056474000001070.

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Approximately 17 000 individuals have claimed asylum in Malta over the past 10 years. Maltese law stipulates mandatory detention. Here, we review Malta's asylum procedures and detention policy, and explore the impact of detention on mental health. We review the current mental health services and make recommendations to help fill the gaps.
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6

Witney, Andrew J., and Glen Bates. "Narrative integration of identity following trauma Life-stories of immigrants granted asylum in Australia following prolonged detention." Narrative Inquiry 26, no. 1 (December 5, 2016): 88–107. http://dx.doi.org/10.1075/ni.26.1.05wit.

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Drawing on narrative theories of personality this study proposed a model of narrative integration to explain how traumatic experiences are incorporated within the self-construct. A qualitative design was employed, using semi-structured interviews and thematic analysis of interview data. The sample included former asylum-seekers now living in Australia after spending two years or more in mandatory detention centers. Ten males aged between 19 and 51 recalled their experiences of mandatory detention within the context of their lives. Findings supported the use of the proposed model of narrative integration for understanding trauma associated with mandatory detention. Thematic analysis revealed disturbances to people’s narratives as a result of detention, with attempts to adapt to narrative disturbance adhering to constructs outlined in the model. Three groups representing different levels of narrative integration were identified using the model, including: robust integration, limited integration, and fragmentation. This study extended the narrative approach by offering a conceptual framework for assessing narrative integration following a traumatic event. Findings suggest scope for further research applying the model of narrative integration to other trauma populations, and exploring the utility of the model in a therapeutic context.
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7

Fauzee, Yasmine Joy. "In the Eyes of a Child — Behind the Wire: Education for Children in Mandatory Detention in Australia." Contemporary Issues in Early Childhood 4, no. 1 (March 2003): 90–95. http://dx.doi.org/10.2304/ciec.2003.4.1.9.

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Public concern for the well-being of children held in detention in Australia has been revealed through a National Inquiry. Evidence indicates that children are detrimentally affected by the detention environment on many levels. The discussion here focuses on the question of education. A ‘dual strategic approach’ is advocated, which calls for the urgent needs of children to be met within a context of concerted measures to end mandatory detention.
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8

Nicholas, Alexander W. "Protecting refugees: alternatives to a policy of mandatory detention." Australian Journal of Human Rights 8, no. 1 (July 2002): 69–81. http://dx.doi.org/10.1080/1323238x.2002.11911074.

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9

Kronick, Rachel, Cécile Rousseau, and Janet Cleveland. "Mandatory detention of refugee children: A public health issue?" Paediatrics & Child Health 16, no. 8 (October 2011): e65-e67. http://dx.doi.org/10.1093/pch/16.8.e65.

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10

Coker, Richard. "Detention and mandatory treatment for tuberculosis patients in Russia." Lancet 358, no. 9279 (August 2001): 349–50. http://dx.doi.org/10.1016/s0140-6736(01)05587-8.

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11

Fleay, C., and L. Briskman. "Hidden Men: Bearing witness to mandatory detention in Australia." Refugee Survey Quarterly 32, no. 3 (June 3, 2013): 112–29. http://dx.doi.org/10.1093/rsq/hdt010.

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12

Perisic, Jelena. "Pretrial detention and alternate methods of securing the presence of the accused during the criminal procedure." Temida 12, no. 2 (2009): 49–65. http://dx.doi.org/10.2298/tem0902049p.

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In this paper, the author discusses pretrial detention and alternate methods of securing the presence of the accused during the criminal procedure. Except issues of terminology, in the introduction to this paper, the author deals with the current status of our criminal justice system, the readiness of both the state and the criminal justice system to accept innovations. Further, the author examines the accordance of pretrial detention with international sources, then its correlations with the Constitution, Criminal Procedure Codes from 2001 and 2006, and types of pretrial detention. As the paper continues, it describes institutes that are alternatives of pretrial detention: home detention and other restriction orders, and bail. The paper follows with the definition and content of the reasonable doubt concept as a mandatory condition for pronouncing pretrial detention. The major part of the paper deals is dedicated to the discussion of legal regulations of pretrial detention and its misinterpretation by judicial apparatus, and the effort to explain some undefined parts of those regulations.
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13

Koulish, Robert. "Using Risk to Assess the Legal Violence of Mandatory Detention." Laws 5, no. 3 (July 5, 2016): 30. http://dx.doi.org/10.3390/laws5030030.

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14

Juárez, Melina, Bárbara Gómez-Aguiñaga, and Sonia P. Bettez. "Twenty Years after IIRIRA: The Rise of Immigrant Detention and its Effects on Latinx Communities across the Nation." Journal on Migration and Human Security 6, no. 1 (January 2018): 74–96. http://dx.doi.org/10.1177/233150241800600104.

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This paper studies the dynamics of detention, deportation, and the criminalization of immigrants. We ground our analyses and discussion around the Illegal Immigration Reform and Immigrant Responsibility Act of 1996's (IIRIRA's) detention mandate, the role of special interest groups and federal policies. We argue that these special interest groups and major federal policies have come together to fuel the expansion of immigrant detention to unprecedented levels. Moreover, we aim to incite discussion on what this rapid growth in detention means for human rights, legislative representation and democracy in the United States. This study analyzes two main questions: What is the role of special interests in the criminalization of immigrants? And does the rapid increase in detention pose challenges or risks to democracy in the United States? Our study is grounded within the limited, yet growing literature on immigrant detention, government data, and “gray” literature produced by nonprofits and organizations working on immigration-related issues. We construct a unique dataset using this literature and congressional reports to assess what factors are associated with the rise of immigrant detention. A series of correlations and a time series regression analysis reveal that major restrictive federal immigration policies such as IIRIRA, along with the increasing federal immigration enforcement budget, have had a significant impact on immigrant detention rates. Based on these findings, we recommend three central policy actions. First, the paper recommends increased transparency and accountability on behalf of the Department of omeland Security, Immigration and Customs Enforcement, and on lobbying expenditures from for-profit detention corporations. Second, it argues for the repeal of mandatory detention laws. These mandatory laws have led to the further criminalization and marginalization of undocumented immigrants. And lastly, it argues that repeal of the Congressional bed mandate would allow for the number of detainees to mirror actual detention needs, rather than providing an incentive to detain. However, we anticipate that the demand for beds will increase even more given the current administration's push for the criminalization and increased arrests of undocumented individuals. The rhetoric used by the present administration further criminalizes immigrants. 1
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15

Ordaz, Jessica. "“AIDS Knows No Borders”." Radical History Review 2021, no. 140 (May 1, 2021): 175–85. http://dx.doi.org/10.1215/01636545-8841766.

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Abstract This article explores the intersection between migrant detention and HIV/AIDS from the 1980s to the present. “AIDS Knows No Borders” centers histories of exclusion, detention, and deportation. The first part discusses immigration policy that made AIDS screening mandatory as part of the asylum process and the activism that resulted in protest of these measures. AIDS Coalition to Unleash Power/Los Angeles (ACT UP/LA), a grassroots direct-action organization, opposed this legislation throughout the 1980s and 1990s. Activists highlighted the global nature of AIDS; challenged misinformation; conducted guerilla theater, phone zaps, and die-ins; and held demonstrations against the INS, the use of immigration detention, and their treatment of migrants with HIV/AIDS. The article then moves to discuss more contemporary testimonies from HIV/AIDS-positive detention migrants.
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16

Steel, Zachary, Derrick Silove, Robert Brooks, Shakeh Momartin, Bushra Alzuhairi, and Ina Susljik. "Impact of immigration detention and temporary protection on the mental health of refugees." British Journal of Psychiatry 188, no. 1 (January 2006): 58–64. http://dx.doi.org/10.1192/bjp.bp.104.007864.

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BackgroundOver the past decade, developed Western countries have supplied increasingly stringent measures to discourage those seeking asylum.AimsTo investigate the longer-term mental health effects of mandatory detention and subsequent temporary protection on refugees.MethodLists of names provided by community leaders were supplemented by snowball sampling to recruit 241 Arabic-speaking Mandaean refugees in Sydney (60% of the total adult Mandaean population). Interviews assessed posttraumatic stress disorder (PTSD), major depressive episodes, and indices of stress related to pasttrauma, detention and temporary protection.ResultsA multilevel model which included age, gender, family clustering, pre-migration trauma and length of residency revealed that past immigration detention and ongoing temporary protection each contributed independently to risk of ongoing PTSD, depression and mental health-related disability. Longer detention was associated with more severe mental disturbance, an effect that persisted for an average of 3 years after release.ConclusionsPolicies of detention and temporary protection appear to be detrimental to the longer-term mental health of refugees.
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17

Essex, Ryan, and David Isaacs. "Responding to mandatory immigration detention: lessons for the health care community." Medical Journal of Australia 211, no. 9 (October 13, 2019): 390. http://dx.doi.org/10.5694/mja2.50366.

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18

Mares, Sarah, Louise Newman, Michael Dudley, and Fran Gale. "Seeking Refuge, Losing Hope: Parents and Children in Immigration Detention." Australasian Psychiatry 10, no. 2 (June 2002): 91–96. http://dx.doi.org/10.1046/j.1440-1665.2002.00414.x.

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Objective: To record observations made by the authors on a series of visits between December 2001 and March 2002 to two of Australia's immigration detention centers and to consider the mental health consequences of Australia's policy of mandatory immigration detention of asylum seekers for families and children. Conclusions: Parents and children in immigration detention are often vulnerable to mental health problems before they reach Australia. Experiences in prolonged detention add to their burden of trauma, which has an impact not only on the individual adults and children, but on the family process itself. Immigration detention profoundly undermines the parental role, renders the parent impotent and leaves the child without protection or comfort in already unpredictable surroundings where basic needs for safe play and education are unmet. This potentially exposes the child to physical and emotional neglect in a degrading and hostile environment and puts children at high risk of the developmental psychopathology that follows exposure to violence and ongoing parental despair. Psychiatrists have a role in advocating for appropriate treatment of these traumatized and vulnerable parents and children.
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19

Briskman, Linda. "The People’s Inquiry into Detention: Social work activism for asylum seeker rights." Journal of Sociology 56, no. 1 (November 15, 2019): 100–114. http://dx.doi.org/10.1177/1440783319882540.

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In 2008, findings from the People’s Inquiry into Detention were published as Human Rights Overboard: Seeking Asylum in Australia. The People’s Inquiry, led by social work academics in Australia, exposed injustices within Australia’s privatised detention network for asylum seekers and interrogated policies and practices that ensued since mandatory immigration detention was introduced by legislation in 1992. With reference to the global context, the article presents a snapshot of policies and practices revealed by the People’s Inquiry that were considered antithetical to human rights and discusses this extensive undertaking within a broader context of asylum seeker social movements and professional advocacy endeavours that continue as harsh policies escalate. The article speaks to the resilience of the asylum seeker movement, often against the odds, a movement that includes responsive and tenacious professional groups.
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20

Smith, Henry Forbes, and Mark Freeman. "The Mandatory Reporting of Torture by Detention Center Officials: An Original Proposal." Human Rights Quarterly 27, no. 1 (2005): 327–49. http://dx.doi.org/10.1353/hrq.2005.0009.

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21

Tosh, Sarah R., Ulla D. Berg, and Kenneth Sebastian León. "Migrant Detention and COVID-19: Pandemic Responses in Four New Jersey Detention Centers." Journal on Migration and Human Security 9, no. 1 (March 2021): 44–62. http://dx.doi.org/10.1177/23315024211003855.

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On March 24, 2020, a 31-year-old Mexican national in Bergen County Jail, New Jersey, became the first federal immigration detainee to test positive for the novel coronavirus (COVID-19). By April 10, 2020, New Jersey had more confirmed COVID-19 cases among immigration detainees than any other state in the nation. This article examines the relationship between COVID-19 and processes of migrant detention and deportation through a case study of New Jersey — an early epicenter of the pandemic and part of the broader New York City metro area. Drawing on publicly available reports and in-depth interviews with wardens, immigration lawyers, advocates, and former detainees, we describe the initial COVID-19 response in four detention facilities in New Jersey. Our findings suggest that migrant detention and deportation present distinct challenges that undermine attempts to contain the spread of COVID-19. We provide testimonies from migrant detainees who speak to these challenges in unsettling personal terms. Our interviews highlight the insufficient actions by Immigration and Customs Enforcement (ICE) to contain the spread of the pandemic and a troubling lack of due process in immigration court proceedings. Based on these findings, we argue that reducing the number of migrants detained in the United States is needed not only in the context of the COVID-19 pandemic but also as a preventative measure for future health crises. Reductions can be achieved, in part, by reforming federal immigration laws on “mandatory detention.”
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22

Sharples, Rachel. "Disrupting State Spaces: Asylum Seekers in Australia’s Offshore Detention Centres." Social Sciences 10, no. 3 (March 1, 2021): 82. http://dx.doi.org/10.3390/socsci10030082.

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The Australian government has spent over a billion dollars a year on managing offshore detention (Budget 2018–2019). Central to this offshore management was the transference and mandatory detention of asylum seekers in facilities that sit outside Australia’s national sovereignty, in particular on Manus Island (Papua New Guinea) and Nauru. As a state-sanctioned spatial aberration meant to deter asylum seekers arriving by boat, offshore detention has resulted in a raft of legal and policy actions that are reshaping the modern state-centric understanding of the national space. It has raised questions of sovereignty, of moral, ethical and legal obligations, of national security and humanitarian responsibilities, and of nationalism and belonging. Using a sample of Twitter users on Manus during the closure of the Manus Island detention centre in October–November 2017, this paper examines how asylum seekers and refugees have negotiated and defined the offshore detention space and how through the use of social media they have created a profound disruption to the state discourse on offshore detention. The research is based on the premise that asylum seekers’ use social media in a number of disruptive ways, including normalising the presence of asylum seekers in the larger global phenomena of migration, humanising asylum seekers in the face of global discourses of dehumanisation, ensuring visibility by confirming the conditions of detention, highlighting Australia’s human rights violations and obligations, and challenging the government discourse on asylum seekers and offshore detention. Social media is both a tool and a vehicle by which asylum seekers on Manus Island could effect that disruption.
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23

Rimkeviciene, Jurgita, John O’Gorman, and Diego De Leo. "Suicidality in detention centres: a case study." International Journal of Migration, Health and Social Care 13, no. 1 (March 6, 2017): 106–18. http://dx.doi.org/10.1108/ijmhsc-09-2015-0034.

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Purpose Recent reports raise suicidality among asylum seekers as a pertinent issue in current Australian offshore detention centres. However, knowledge on the nature of the suicidality in these centres is very limited. The purpose of this paper is to explore in depth how suicidality arises and develops in offshore detention centres. Design/methodology/approach A single case study approach was used. Findings This case study presents the findings on the suicidal process of an asylum seeker who attempted suicide three times while in Nauru Regional Processing Centre, the last of which being a near-lethal one. The prolonged mandatory detention, together with lack of clarity about the timeframes of detention and constant postponing of the legal processes were identified as the main factors driving the suicidal intent. The suicidal behaviour escalated from an interrupted attempt to a near lethal one within two years, which signals lack of adequate suicide prevention within detention. Practical implications The resources for mental health being limited in Nauru, it is likely overall changes in refugee status processing may be a more effective suicide prevention strategy rather than implementation of other additional measures. Originality/value Studies in offshore processing facilities have been scarce due to barriers for researchers to access the detention centres. This study offers a unique insight into suicidality in this hard to reach population.
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24

Didwania, Stephanie Holmes. "The Immediate Consequences of Federal Pretrial Detention." American Law and Economics Review 22, no. 1 (2020): 24–74. http://dx.doi.org/10.1093/aler/ahz012.

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Abstract Unlike the cash-bail regimes that are prevalent in state courts, federal courts rarely use money bail as a condition of pretrial release. Nonetheless, this article presents evidence that pretrial release influences case outcomes for federal defendants. Using case data spanning 71 federal district courts, the article suggests that pretrial release reduces a defendant’s sentence and increases the probability that they will receive a sentence below the recommended sentencing range. Pretrial release also appears to lessen the probability that a defendant will receive a mandatory minimum sentence when one is charged. The analysis exploits variation in magistrate judges’ propensities to release defendants pending trial, which allows magistrate judge leniency to serve as an instrumental variable for pretrial release. The article also provides suggestive evidence that pretrial release affects case outcomes through two channels: first, by giving defendants the opportunity to present mitigating evidence at sentencing and second, by making it easier for defendants to earn a sentencing reduction by providing assistance to the government.
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Briskman, Linda. "Technology, Control, and Surveillance in Australia’s Immigration Detention Centres." Refuge: Canada's Journal on Refugees 29, no. 1 (October 18, 2013): 9–19. http://dx.doi.org/10.25071/1920-7336.37502.

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Although mandatory immigration detention for “unauthorized” arrivals in Australia receives considerable attention, the use and abuse by government of technologies within sites of detention is less publicized. Control and surveillance are exercised in a number of ways. Immigration detainees have been denied adequate access to technologies that would enable them to fully communicate with family and friends and are deprived of the capacity to acquire information that can ensure their human rights are realized. At the same time that asylum seekers experience restrictions, devices are in place to control detainees through technological surveillance. Despite the prohibitions and impositions, detainees have adopted alternative means of communication in defi ance of the limits foisted upon them.
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McNeill, Henrietta. "Dealing with the ‘Crimmigrant Other’ in the Face of a Global Public Health Threat: A Snapshot of Deportation during COVID-19 in Australia and New Zealand." Social Sciences 10, no. 8 (July 21, 2021): 278. http://dx.doi.org/10.3390/socsci10080278.

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While global travel largely stopped and borders closed during the COVID-19 pandemic, states continued to deport individuals who had been sentenced for committing criminal offences. In Australia and New Zealand, questions over whether and how deportation of migrants during a global pandemic should occur were raised: weighing up arguments of legality, public health, and security. This left many migrants uncertain, isolated in immigration detention waiting for an unknown departure date. The decision was made to continue the deportation process for many, and in some cases breaches of public health restrictions were the basis for deportation. Once deported, mandatory quarantine on arrival under COVID-19 restrictions highlights and exacerbates the challenges that returning offenders normally face. These include extended detention periods; surveillance through detention and monitoring; and securitised discourse by the media and public creating ongoing stigma. This snapshot enables us to understand how states prioritised the removal of ‘the crimmigrant other’, a securitised threat, while facing the material threat of COVID-19.
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Chen, Jing, Yong Xing Jin, Jian Ming Chen, and Jian Zhong Yuan. "Deficiency Analysis of Different Ship Types Based on Taiwan PSC Data." Advanced Materials Research 690-693 (May 2013): 3396–400. http://dx.doi.org/10.4028/www.scientific.net/amr.690-693.3396.

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The work Port State Control (PSC) lets ships more and more comply with the relevant international conventions by checking and mandatory correction or detention. In this paper, based on the PSC data of Taiwan ports in the past nine years, mathematical statistics method is put forward to analysis the association between ship type and deficiency, which could provide PSC officers with constructive recommendations.
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28

Shapovalova, Iryna. "Application of the provisions of Part 5 of Article 615 of the Criminal Procedure Code of Ukraine during criminal proceedings under martial law: certain aspects." Slovo of the National School of Judges of Ukraine, no. 1-2(38-39) (November 21, 2022): 6–17. http://dx.doi.org/10.37566/2707-6849-2022-1-2(38-39)-1.

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The article examines the issue of the practical implementation of the possibility of continuing the preventive measure chosen during the pre-trial investigation in the form of detention under martial law, which is connected with the application by the courts of the provisions of Part 5 of Article 615 of the Criminal Procedure Code of Ukraine. It has been proven that the presence of conceptual conditions defined by this norm of the criminal procedural law is necessary for the court to apply the provisions of Part 5 of Article 615 of the Criminal Code of Ukraine, which in turn cannot be evaluated abstractly and must be applied based on the court’s preliminary assessment of the impossibility of conducting a preliminary trial meeting. A systematic analysis of criminal procedural legislation indicates that the implementation of criminal proceedings under martial law, given the specifics of the regulatory regulation of this process, led to the establishment of special procedures, including the application of the norms of the Criminal Procedure Code of Ukraine as norms of direct action, however, given the novelty of the procedure, in the event that the intention of the legislator was different, all these provisions should be unified. It is emphasized that the grounds for applying the provisions of Part 5 of Article 615 of the Criminal Procedure Code of Ukraine must be set out in the court decision, with the definition of its mandatory elements, which allow the possibility to assess the correctness of the application of the provisions of Part 5 of Article 615 of the Criminal Procedure Code of Ukraine in the case of an earlier automatic extension selected preventive measure in the form of detention, in particular, regarding the impossibility of holding a preparatory court session; presence of a preventive measure in the form of detention selected during the pre-trial investigation; expiration of the decision on choosing a preventive measure in the form of detention. A mandatory element is also the establishment of the period for which the preventive measure is considered extended and which cannot exceed two months from the date of such resolution. Key words: preventive measure in the form of detention, preparatory court session, martial law.
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Brown, Alan, Andy Courtnadge, and John Gosden. "Detailing of flood-detention reservoirs for resilience." Dams and Reservoirs 32, no. 1 (March 2022): 11–20. http://dx.doi.org/10.1680/jdare.21.00031.

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There are currently around four new flood-detention reservoirs (FDRs) built each year in the UK, which although only being modest structures with a median height of 4 m and reservoir capacity of 300 000 m3, can pose a significant risk to the community as they are located immediately upstream of the community they are protecting. These communities range from around five to several thousand households. The authors have designed and supervised over 30 new FDRs in the UK in the last 20 years, together with inspections of a similar number designed by others. This paper describes the emerging issues regarding risk of failure of these dams. Examples of measures to manage risk are described, with discussion of when selection of the options to increase resilience against a particular failure mode should be mandatory, and when it may be more appropriate to consider it on a case-by-case risk-based approach. The paper also discusses more strategic issues of design standards for design of spillways at FDRs, comparing the hazard introduced by construction of the reservoirs with the annual benefits of flood risk reduction.
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Tosh, Sarah. "Mandatory detention for criminal convictions: The reproduction of racial inequality through U.S. immigration law." Law & Policy 44, no. 1 (January 2022): 70–97. http://dx.doi.org/10.1111/lapo.12179.

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31

Begg, Zanny, and Ahmet Öğüt. "In and Out of the Biennale: Transfield, Mandatory Detention, and the Biennale of Sydney." Afterimage 42, no. 2 (September 1, 2014): 4–7. http://dx.doi.org/10.1525/aft.2014.42.2.4.

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32

Vogl, Anthea, and Elyse Methven. "Life in the Shadow Carceral State: Surveillance and Control of Refugees in Australia." International Journal for Crime, Justice and Social Democracy 9, no. 4 (November 26, 2020): 61–75. http://dx.doi.org/10.5204/ijcjsd.1690.

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This article critically examines techniques employed by the Australian state to expand its control of refugees and asylum seekers living in Australia. In particular, it analyses the operation of Australia’s unique Asylum Seeker Code of Behaviour, which asylum seekers who arrive by boat must sign in order to be released from mandatory immigration detention, with reference to an original dataset of allegations made under the Code. We argue that the Code and the regime of visa cancellation and re-detention powers of which it forms a part are manifestations of what Beckett and Murakawa call the ‘shadow carceral state’, whereby punitive state power is extended beyond prison walls through the blurring of civil, administrative and criminal legal authority. The Code contributes to Australia’s apparatus of refugee deterrence by adding to it a brutal system of surveillance, visa cancellation and denial of services for asylum seekers living in the community.
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33

Hartley, Lisa, and Anne Pedersen. "Asylum seekers: How attributions and emotion affect Australians' views on mandatory detention of “the other”." Australian Journal of Psychology 59, no. 3 (October 5, 2007): 119–31. http://dx.doi.org/10.1080/00049530701449455.

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34

Zannettino, Lana. "From Auschwitz to mandatory detention: biopolitics, race, and human rights in the Australian refugee camp." International Journal of Human Rights 16, no. 7 (October 2012): 1094–119. http://dx.doi.org/10.1080/13642987.2012.664136.

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35

Hedrick, Kyli, and Rohan Borschmann. "Prevalence, methods and characteristics of self-harm among asylum seekers in Australia: protocol for a systematic review." BMJ Open 12, no. 3 (March 2022): e060234. http://dx.doi.org/10.1136/bmjopen-2021-060234.

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IntroductionAsylum seekers are at increased risk of self-harm compared with the general population, and the experience of detention may further exacerbate this risk. Despite this, evidence regarding the prevalence, methods and characteristics of self-harm among asylum seekers in Australia (including those detained in onshore and offshore immigration detention) has not been synthesised. Such information is necessary to inform evidence-based prevention initiatives, and effective clinical and governmental responses to self-harm. This review will synthesise findings from the literature regarding the prevalence, methods and characteristics of self-harm among asylum seekers in both detained and community-based settings in Australia.Methods and analysisWe searched key electronic health, psychology and medical databases (PsycINFO, Scopus, PubMed and MEDLINE) for studies published in English between 1 January 1992 and 31 December 2021. Our primary outcome is self-harm among asylum seekers held in onshore and/or offshore immigration detention, community detention and/or in community-based arrangements in Australia. We will include all study designs (except single case studies) that examine the prevalence of self-harm in asylum seekers. Studies published between 1992—the commencement of Australia’s policy of mandatory immigration detention—and 2021 will be included. We will not apply any age restrictions. The Methodological Standard for Epidemiological Research scale will be used to assess the quality of included studies. If there are sufficient studies, and homogeneity between them, we will conduct meta-analyses to calculate pooled estimates of self-harm rates and compare relevant subgroups. If studies report insufficient data, or there is substantial heterogeneity, findings will be provided in narrative form.Ethics and disseminationThis review is exempt from ethics approval as it will synthesise findings from published studies with pre-existing ethics approval. Our findings will be disseminated through a peer-reviewed journal article and conference presentations.PROSPERO registration numberCRD42020203444.
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Gerber, Jurg, and Kate Angulski. "The Law and Foreign Prisoners in Texas: A Socio-Legal Analysis." Polish Journal of Criminology 1, no. 1 (December 29, 2016): 21–30. http://dx.doi.org/10.5604/01.3001.0009.7114.

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We examine in this article the legal status of foreign prisoners in the United States in general, and in the State of Texas in particular. With few exceptions, the law does not distinguish between domestic and foreign prisoners, granting similar rights and obligations to each. We conclude this article by examining current controversies in the treatment of foreign prisoners in the United States. Issues examined include dietary restrictions, use of languages other than English, length of hair, and mandatory and indefinite detention of aliens.
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Procter, Nicholas G. "The Mental Health Implications of Britain's Conservative Party Immigration Plan." Migration Letters 2, no. 1 (April 1, 2005): 12–19. http://dx.doi.org/10.33182/ml.v2i1.17.

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This paper examines mental health issues surrounding Tory Party plans to radically change Britains' immigration laws making the processes attendant upon seeking asylum tougher for those who try. By looking beyond taken-forgranted assumptions associated with refugees and asylum seeking, a number of questions emerge from the Tory Party Plans. The mental health implications of the Tory Party plan for mandatory detention and processing according to quota rather than need are that individual suffering of asylum seekers is likely to be detrimental to individual mental health and well-being.
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Ly, Alison, Aleta Sprague, Brianna Pierce, Corina Post, and Jody Heymann. "Immigration Detention in the United States: Identifying Alternatives That Comply With Human Rights and Advance Public Health." American Journal of Public Health 111, no. 8 (August 2021): 1497–503. http://dx.doi.org/10.2105/ajph.2021.306253.

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Under international law, the United States is obligated to uphold noncitizens’ fundamental rights, including their rights to health. However, current US immigration laws—and their enforcement—not only fail to fulfill migrants’ health rights but actively undermine their realization and worsen the pandemic’s spread. Specifically, the US immigration system’s reliance on detention, which precludes effective social distancing, increases risks of exposure and infection for detainees, staff, and their broader communities. International agreements clearly state that the prolonged, mandatory, or automatic detention of people solely because of their migration status is a human rights violation on its own. But in the context of COVID-19, the consequences for migrants’ right to health are particularly acute. Effective alternatives exist: other countries demonstrate the feasibility of adopting and implementing immigration laws that establish far less restrictive, social services–based approaches to enforcement that respect human rights. To protect public health and realize its global commitments, the United States must shift away from detaining migrants as standard practice and adopt effective, humane alternatives—both amid COVID-19 and permanently.
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Gustina, Amelya. "THE IMPORTANT OF MANDATORY CONSULAR NOTIFICATION BETWEEN INDONESIA AND OTHER FOREIGN STATES." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 26, no. 2 (November 11, 2014): 321. http://dx.doi.org/10.22146/jmh.16043.

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The advancement of globalization, cause the high rate of migration people from one nation to another nations. They come for many activities that might cause problems for them in the destination countries that make them arrested or detention. Realizing this condition many country establish consular relation by ratified VCCR 1963. In spite of it, there are still many cases not related to that cconvention. The method used is the juridical-normative with qualitative-descriptive approach. The result of paper reveals that the importance of Mandatory Consular Notification (MCN) is to optimalize the protection of Indonesia citizens in abroad. Kemajuan globalisasi, menyebabkan tingginya tingkat migrasi orang dari satu negara ke negara lain. Mereka datang untuk berbagai aktivitas yang mungkin menyebabkan masalah di negara tujuan yang membuat mereka ditangkap atau ditahan. Menyadari kondisi ini banyak negara membangun hubungan konsuler dengan meratifikasi Konvensi Wina tentang Hubungan Konsuler 1963. Terlepas dari itu, masih banyak kasus warga tidak terkait dengan konvensi tersebut. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan deskriptif kualitatif. Hasil dari tulisan ini mengungkapkan bahwa pentingnya Persetujuan Notifikasi Konsuler (Mandatory Consular Notification/MCN) untuk mengoptimal perlindungan terhadap warga negara kita di luar negeri.
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Kozhokaru, Vladimir. "On the issue of penitentiary institutions classification." International penitentiary journal 2, no. 3 (December 30, 2020): 182–89. http://dx.doi.org/10.33463/2712-7737.2020.02(1-3).3.182-189.

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The penitentiary system of the Republic of Moldova has entered a stage of reform since it was transferred from the Ministry of Internal Affairs to the Ministry of Justice. For about 20 years under the auspices of the Ministry of Justice, similar to the European penitentiary systems, the national system has been experiencing the same difficulties: a high rate of recidivism, overcrowding in places of detention, an increase in cases of detection of prohibited items and substances in penitentiary institutions, lack of staff and insufficient financial resources. The situation at the national level differs from the general European practice in terms of separate detention of persons sentenced to imprisonment. The penalty of imprisonment is executed in penitentiary institutions of the following types: open, semi-closed, for juveniles (in which conditions correspond to semi-closed penitentiary institutions) and for women, in which the regime of detention corresponds to the regime established for open, semi-closed or closed type of penitentiary institutions, depending on the category of penitentiary institutions assigned by the sentence. The rigidity of the established system is determined by the clear definition in the law of the categories of prisoners and types of penitentiary institutions for serving sentences. It is not allowed to change the type of penitentiary institution. Such a system of imprisonment execution, established by mandatory norms of criminal law, not only creates a problem for the effective implementation of criminal justice (individualization of punishment), but also determines the need to organize three modes of detention in each type of penitentiary institution. Consequently, most penitentiary institutions should have at least 12 separate detention sectors, corresponding to each type of penitentiary and detention regime. At the same time, the problem of choosing the categories of sectors that should be present in a penitentiary institution becomes very relevant. This is due to the fact that the regime of a sentence execution in the form of imprisonment in a penitentiary institution does not consist in simple isolation, but in a regime with a rich content consisting of various aspects of life and activities of convicts during execution of sentences. Based on the results of the study, the author suggests revising the content of the concept “type of penitentiary institution”. This concept should include not only the level of accessibility within the penitentiary institution, but also the restrictions necessary for the detention of persons deprived of their liberty, depending on the assessment of their psychological profile, behavior and individual execution plan.
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Medvid, Аndrew. "Conventional and constitutional regulations of lawful detention of a person without a court decision: criminal procedure aspect." Constitutional and legal academic studies, no. 1 (October 11, 2021): 16–25. http://dx.doi.org/10.24144/2663-5399.2021.1.02.

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The article compares the requirements for the lawful application of detention without a court decision as a criminal procedure established in Article 5 § 1 (c) of the Convention for the Protection of Human Rights and Fundamental Freedoms and in the second sentence of Article 29 part 3 of the Constitution of Ukraine. In particular, the content of the concept of "detention" of a person is studied, the list of subjects who have the right to detain a person without a court decision and the legal content and list of legitimate grounds for detention of a person without a court decision as a criminal procedure are studied and compared. Conventional, constitutional and criminal-procedural norms are also studied, as well as the necessity of mandatory further judicial review of the legality of the detention of a person, including the terms of such review. Based on a detailed analysis of these provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Constitution of Ukraine, relevant decisions of the European Court of Human Rights and the Criminal Procedure Code of Ukraine, it is established that the grounds for the detention of a person by a general entity, defined by paragraph 2 of Article 207 of the Criminal Procedure Code of Ukraine, and a special entity, defined by subparagraphs 1 and 2 (except subparagraph 3) of paragraph 1 of Article 208 of the Criminal Procedure Code of Ukraine, in general, correspond to the grounds for lawful detention of a person enshrined in Article 5 § 1 (c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, it cannot be qualified as unlawful interference with the human right to liberty and security of person. At the same time, proposals are formulated to make changes and additions to subparagraph 3 of paragraph 1 of Article 208 of the Criminal Procedure Code of Ukraine. It is also proved that the provisions of paragraph 2 of Article 12 and Articles 209 and 211 of the Criminal Procedure Code of Ukraine are critical provisions of the current legislation of Ukraine regarding the lawful application of detention of a person without a court decision. These provisions actually eliminate some shortcomings and establish the necessary legal and procedural grounds for the clarified application of the provision of the second sentence of part 3 of Article 29 of the Constitution of Ukraine, in accordance with the provisions of paragraph 3 of Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the practice of their application developed by the European Court of Human Rights.
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Lee, Poh Lin. "Narrative Practice and Sandplay: Practice-Based Stories of Collaboration With People Seeking Asylum Held in Mandatory Detention." Journal of Systemic Therapies 37, no. 2 (June 2018): 1–16. http://dx.doi.org/10.1521/jsyt.2018.37.2.1.

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Dudley, Michael. "Contradictory Australian National Policies on Self-Harm And Suicide: The Case of Asylum Seekers in Mandatory Detention." Australasian Psychiatry 11, no. 1_suppl (October 2003): S102—S108. http://dx.doi.org/10.1046/j.1038-5282.2003.02023.x.

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Steel, Zachary, and Derrick Silove. "Science and the common good: Indefinite, non-reviewable mandatory detention of asylum seekers and the research imperative." Monash Bioethics Review 23, no. 4 (October 2004): S93—S103. http://dx.doi.org/10.1007/bf03351424.

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Styazhkina, S. A. "DISORGANIZATION OF THE INSTITUTIONS PROVIDING THE ISOLATION FROM SOCIETY: THE CRIMINAL-LEGAL ASPECT." Bulletin of Udmurt University. Series Economics and Law 30, no. 2 (April 23, 2020): 289–96. http://dx.doi.org/10.35634/2412-9593-2020-30-2-289-296.

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The article is devoted to the problems of qualification of disorganization of activity of institutions providing isolation from society (article 321 of the Criminal Code). The paper notes the imperfection of the current version of the article. The author proposes to exclude from the number of victims under article 321 of the Criminal Code the convicts, embarked on the road to reform or cooperating with the administration of the institutions and at the same time to expand the circle of victims, not limiting it to just the employees of the prison or places of detention. It is proposed to consider as victims employees of bodies and institutions that execute all types of punishments, not only imprisonment. The article analyzes the subjective features of the composition of the crime, offers solutions to controversial issues. A mandatory feature of the subjective side of the crime in question is the motive, which is associated with the official activities of the victims. It is stated that among the subjects under this article it is necessary to exclude officials of places of deprivation of liberty or places of detention, who should be responsible for official crimes defined in Chapter 32 of the Criminal Code.
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46

Smith, Cameron. "‘Authoritarian neoliberalism’ and the Australian border-industrial complex." Competition & Change 23, no. 2 (October 15, 2018): 192–217. http://dx.doi.org/10.1177/1024529418807074.

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What functions do the securitization and the militarization of the border serve under ‘authoritarian neoliberalism’ in Australia? Having pursued the policy of mandatory detention of all undocumented migrants since 1992, the Australian government has also increasingly sought to outsource, privatize, and offshore the construction and operation of its immigration detention facilities, whilst simultaneously engaging in increasingly authoritarian interventions via the militarization of border control. This article seeks to problematize these developments by constructing an emergent cartography of the various links between the ongoing processes of neoliberal structural adjustment, and the intensification of the policing and punitive apparatuses of the Australian border-industrial complex. Accordingly, using theoretical insights gleaned from emergent work on ‘authoritarian neoliberalism’ and from race critical theory as a cue, I outline in this article three functions of the border within punitive approaches to immigration control under neoliberal structural adjustment in Australia: first, as an apparatus of ongoing colonial power; second, as a technology of racial differentiation through its functioning as a ‘filter’ that privileges certain migrant bodies over others, and as an ‘insulator’ against popular dissent; third, as a site of profit and accumulation for transnational capital.
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Leroy, Matthew. "Controlling the Ever Threatening ‘Other’." Australia, no. 28/3 (January 15, 2019): 133–34. http://dx.doi.org/10.7311/0860-5734.28.3.12.

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Ideas of Australia being invaded by a foreign ‘Other’ have been present throughout much of its history and this legacy is still present today. My paper will reveal the red thread of control that runs through Australia’s attitude and policy towards asylum seekers since European arrival. Claims of current restrictions against asylum seekers being mere Islamophobia ignore this history. From the grudging admission of Jewish refugees during times of Nazi oppression to quotas placed on certain nationalities and later draconian punishments for those claiming asylum without a prior visa, control of the ‘Other’ has been a constant theme, with current policies of mandatory detention and off shore processing on far away Pacific islands separating the Australian ‘Self’ from the foreign ‘Other.’
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Lyall, Heather C., and Einar B. Thorsteinsson. "Attitudes to the Iraq war and mandatory detention of asylum seekers: Associations with authoritarianism, social dominance, and mortality salience*." Australian Journal of Psychology 59, no. 2 (September 2007): 70–77. http://dx.doi.org/10.1080/00049530601148421.

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Glanville, Mark. "Ancient Laws and New Canadian Refugee Legislation: Evaluating Bill C-31 in Light of the Book of Deuteronomy." Refuge: Canada's Journal on Refugees 29, no. 1 (October 18, 2013): 115–19. http://dx.doi.org/10.25071/1920-7336.37511.

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Some important innovations within Bill C-31, Protecting Canada’s Immigration System Act, run contrary to the biblical ethics espoused in the book of Deuteronomy, from the Judeo-Christian scriptures. Components of Bill C-31—such as mandatory detention, no right of appeal, and a five-year delay for application for permanent residence (all these apply to only certain groups of claimants)—are challenged by the ethics, system of justice, and polity of Deuteronomy. In Deuteronomy, the Hebrew word “ger” (“stranger”) occurs twenty-one times, indicating the importance of ethics concerning the stranger for this book. Townships and families in Israel have the responsibility to include the stranger in their agricultural, ritual, and cultural lives. Deuteronomy’s ethic towards the stranger is embedded in Israel’s own history of being a “stranger” or “refugee.”
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d'Orbán, Paul T. "Automatism — a medico-legal conundrum." Irish Journal of Psychological Medicine 6, no. 2 (September 1989): 71–80. http://dx.doi.org/10.1017/s0790966700015354.

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AbstractDuring the past 35 years, a series of Court decisions have developed and refined the concept of automatism, defined in law as unconscious involuntary action. Two varieties of automatism have come to be recognised. In insane automatism, the absence of mens rea is caused by disease of the mind, and the defence leads to an insanity verdict with compulsory detention in hospital. In non-insane automatism, the mind is affected by some external factor and the findings result in complete acquittal. However, from the medical point of view, the distinction between exogenous and endogenous factors is naive and may lead to decisions that are contrary to natural justice and common sense. The main practical problems arise because of the mandatory commital to hospital when there is an insanity verdict and legal reform is required.
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