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Artykuły w czasopismach na temat „Detention”

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Autor: Grafiati

Data publikacji: 4 czerwca 2021

Data aktualizacji: 21 lutego 2023

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1

Keown, Patrick. "Place of safety orders in England: changes in use and outcome, 1984/5 to 2010/11". Psychiatrist 37, nr 3 (marzec 2013): 89–93. http://dx.doi.org/10.1192/pb.bp.111.034348.

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Aims and methodTo detail changes in the use of place of safety orders in England, including the outcome of these detentions, using publicly available data.ResultsThere was a sixfold increase in the rate of the Mental Health Act Section 136 detentions to places of safety in hospitals between 1984 and 2011. The use of Section 135 and the rate of subsequent detention under Section 2 or 3 also increased, but the proportion of people detained fell as the absolute rate of detention increased. There was a wide variation between regions in the use of hospitals or police stations as places of safety. The change in the annual rate of detention under Section 136 was associated with the annual change in the population of England.Clinical implicationsThe increase in detentions to places of safety in hospitals may in part reflect their move from police cells. It may also reflect a real increase in overall rate of detention and possibly a change in the threshold for the use of Section 136 detentions.

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2

Stevenson, Gary S. "Civil detentions of older adults under successive Scottish mental health legislation: a comparative analysis". International Psychogeriatrics 23, nr 8 (1.03.2011): 1344–53. http://dx.doi.org/10.1017/s1041610211000135.

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ABSTRACTBackground:Many countries have adopted new mental health legislation, with the detention of adults for treatment of mental disorders remaining an integral part of such policies. However, there are relatively few publications on the use of mental health legislation in the detention of older adults. This paper examines the civil detention of older adults in one Scottish region under successive mental health legislation.Method:This prospective study collected data primarily by clinician-based interviews on all emergency detentions under the Mental Health (Scotland) Act 1984 of older adults in 1994 and compared these with all emergency and initial short-term detentions under the Mental Health (Care and Treatment) (Scotland) Act 2003 of older adults during 2008 in the same Scottish region.Results:There were a total of 124 detentions, with an initial rate of 68 increasing to 141 detentions per 100,000 of the respective over-65 year age populations, a two-fold increase. Compared to the 1994 patient cohort, the 2008 cohort had higher rates of over 85-year-olds (18.4% v 5.4%) and organic mental disorders (74.7% v 56.8%) and were significantly more likely to be detained by consultant psychiatrists (73.6% v 18.9%) during working hours (87.4% v 48.6%) and proceed to six-month detention orders (31% v 10.8%).Conclusion:The observed higher rates and longer periods of detention in the 2008 cohort may reflect changes in clinical attitudes and legal requirements from a previous reliance on the common law doctrine of necessity to the requirements of a more legalistic framework, and may signal future clinical requirements, given the aging population, pointing towards the need for earlier recognition and management of clinical issues in an attempt to minimize the “necessity” of clinico-legal intervention.

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Audini, Bernard, i Paul Lelliott. "Age, gender and ethnicity of those detained under Part II of the Mental Health Act 1983". British Journal of Psychiatry 180, nr 3 (marzec 2002): 222–26. http://dx.doi.org/10.1192/bjp.180.3.222.

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BackgroundAggregate returns give limited information about those detained under the Mental Health Act 1983.AimsTo use existing data-sets to examine detentions under Part II of the Act.MethodData from 26 areas, with a combined population of 9.2 million, were combined. Population census data were used to standardise rates of detention by age, gender and ethnicity.ResultsThe 31 702 detentions are distributed bimodally with peaks at age 25–34 years and at over age 80 years. In the younger age group rates of detention are higher for men. The excess of women in the older group is no longer apparent when rates are standardised for age and gender. Detentions are over six times more likely to be of Black people than of White (450 v. 68 per standardised 100 000 population).ConclusionsThe difference in rates of detention between Black and White people is greater than previously thought. The excess of older women detained under Part II of the Act is largely due to the lower life expectancy of men.

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4

Hill-Cawthorne, Lawrence. "Detention in the context of counterterrorism and armed conflict: Continuities and new challenges". International Review of the Red Cross 103, nr 916-917 (kwiecień 2021): 555–79. http://dx.doi.org/10.1017/s1816383121000333.

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AbstractThis article explores recent practices of States in relation to counterterrorism and armed conflict detention. Recent cases in the courts of the UK and US are drawn on to demonstrate the continued defence by those States of their administrative detention practices. Furthermore, the practice of other States in adopting new administrative detention laws as part of their counterterrorism strategies is explored. Finally, two examples of contemporary controversies are then considered to show where much of the debate is likely to be focused in the coming years, namely the use of other administrative measures short of detention, particularly assigned residence, and detentions carried out by armed groups that are supported by foreign States.

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Wickersham, Alice, Shilpa Nairi, Rebecca Jones i Brynmor Lloyd-Evans. "The Mental Health Act Assessment Process and Risk Factors for Compulsory Admission to Psychiatric Hospital: A Mixed Methods Study". British Journal of Social Work 50, nr 3 (11.04.2019): 642–63. http://dx.doi.org/10.1093/bjsw/bcz037.

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Abstract Background Compulsory admission rates under the Mental Health Act (MHA) have been on the rise for many years despite representing a costly and coercive approach to psychiatric care. There is therefore an urgent need to minimise compulsory admission rates using interventions based on known risk factors for detention. However, risk factors in the MHA assessment process have been under-researched. Methods A mixed methods service evaluation was conducted in one inner London NHS Trust. A retrospective cohort study used routinely collected assessment records to model potential risk factors for detention. Local assessors were interviewed to explore factors that might help or hinder detention minimisation. Main findings Assessments were less likely to result in detention when professionals other than the assessing team were in attendance, although this association weakened after adjusting for potential confounders. Interviewed assessors identified factors that could contribute to detention minimisation in the assessment process, in general service provision, and in wider society. Conclusion Some local assessment processes could contribute to minimising detention rates, such as community team participation in assessments. Challenges posed by limited resources and community and inpatient care were particularly evident. Consideration of these might also help reduce detentions.

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6

Smith, Helen, i Tom White. "Before and after: introduction of the Mental Health (Care and Treatment) (Scotland) Act 2003". Psychiatric Bulletin 31, nr 10 (październik 2007): 374–77. http://dx.doi.org/10.1192/pb.bp.107.015446.

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Aims and MethodThe aim of the study was to assess the impact of the introduction of new mental health legislation in October 2005 on general adult psychiatry admissions. Patients were included in the study if they were admitted to Murray Royal Hospital, Perth from December 2004 to July 2005 and December 2005 to July 2006.ResultsFewer patients were detained but they were more likely to progress to longer-term detentions. Overall detained patients remained in hospital for shorter periods.Clinical ImplicationsThe change in de novo detention procedures reduced the number of de novo detentions. The new power to enforce medication in the community may have contributed to the reduced length of detention in hospital.

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7

Deering, Alistair. "Consent to emergency detention in Edinburgh". Psychiatric Bulletin 18, nr 5 (maj 1994): 282–84. http://dx.doi.org/10.1192/pb.18.5.282.

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Circumstances surrounding emergency detention under the Mental Health (Scotland) Act were examined, with particular regard to whether consent was obtained from a third party. Twenty-eight ot 100 consecutive detentions occurred without consent. These patients were more likely to exhibit aggressive behaviour and be detained by a psychiatric registrar or senior registrar. Mental disorder was doubted more often and detention was less often continued. Reasons given for failing to obtain consent were frequently inadequate and possible explanations are discussed. Increased education and supervision of trainees resulted in a substantial fall in cases of non-consent in a follow-up sample.

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8

Richards, Gareth, Nick Millward, Philip Evans, James Rogers i Andrew Smith. "Acute Effects of Energy Drinks on Behavioural Sanctions in Secondary School Children: A Preliminary Study". Journal of Food Research 4, nr 4 (9.04.2015): 1. http://dx.doi.org/10.5539/jfr.v4n4p1.

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<p>A large body of research suggests that diet can exert significant effects on behaviour, mood, and cognition. Of particular concern in recent years has been the rapid rise in popularity of highly caffeinated energy drinks, with some suggesting that they may negatively impact the performance, behaviour and health of schoolchildren. The current study aimed to assess whether these products exert acute effects on the likelihood of children receiving detentions. In addition, another known risk factor, the omission of breakfast, was also recorded. Participants in the current study came from a cohort of 3071 pupils attending three secondary schools in the South West of England. Those who were given a detention during a weeklong period of December 2013 (<em>N</em> = 40) were asked to state whether or not they had consumed an energy drink and eaten breakfast that day. The results were then compared to a control day later in the same week on which detentions had not been received. The children given detention were found to be more likely to habitually consume energy drinks and skip breakfast than other children in the cohort from which they came. The major difference between detention and control days was that on detention days there was an increase in both missing breakfast and consuming energy drinks. Though conclusions must be tentative due to the preliminary nature of the study, the results indicate that breakfast intervention programmes and restricting energy drink consumption may be effective methods for reducing problem behaviour in secondary schools.</p>

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9

Warrington, Claire. "Repeated Police Mental Health Act Detentions in England and Wales: Trauma and Recurrent Suicidality". International Journal of Environmental Research and Public Health 16, nr 23 (29.11.2019): 4786. http://dx.doi.org/10.3390/ijerph16234786.

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Most police Mental Health Act (Section 136) detentions in England and Wales relate to suicide prevention. Despite attempts to reduce detention rates, numbers have risen almost continually. Although Section 136 has been subject to much academic and public policy scrutiny, the topic of individuals being detained on multiple occasions remains under-researched and thus poorly understood. A mixed methods study combined six in-depth interviews with people who had experienced numerous suicidal crises and police intervention, with detailed police and mental health records. A national police survey provided wider context. Consultants with lived experience of complex mental health problems jointly analysed interviews. Repeated detention is a nationally recognised issue. In South East England, it almost exclusively relates to suicide or self-harm and accounts for a third of all detentions. Females are detained with the highest frequencies. The qualitative accounts revealed complex histories of unresolved trauma that had catastrophically damaged interviewee’s relational foundations, rendering them disenfranchised from services and consigned to relying on police intervention in repeated suicidal crises. A model is proposed that offers a way to conceptualise the phenomenon of repeated detention, highlighting that long-term solutions to sustain change are imperative, as reactive-only responses can perpetuate crisis cycles.

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10

Aydin, Hasan. "Human Rights Jeopardized in Turkey: Governmental and Judicial Intentions to Erode Due Process and the Right to a Fair Trial". Commentaries 1, nr 1 (27.11.2021): 65–73. http://dx.doi.org/10.33182/tc.v1i1.1998.

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Human Rights Watch and other human rights organizations have drawn attention to abusive persecutions, the erosion of the right to a fair trial and torture during detention in Turkey. The government has ignored or sidestepped the European Convention on Human Rights’ (ECHR) decisions pertaining to pre-trial detentions and fair trials by adding new grounds to indictments and continuing pre-trial detentions.

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11

Galochkin, D. A. "The State of Law in the Application of Preventive Measures in the Form of Detention". Juridical Science and Practice 15, nr 3 (2019): 85–91. http://dx.doi.org/10.25205/2542-0410-2019-15-3-85-91.

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Based on the analysis of statistical indicators of Prosecutor's office work on supervision on implementation of laws by administrations of detentions, the main problems prevailing in detention centers and related with application of a preventive measure as a pre-trial detention against suspects and accused of committing crimes are given in the article. The analysis of the activity of the European court of human rights on consideration of Russian citizens claims about violations of the Federal law of 15.07.1995 No. 103-FZ "About incarceration of suspects and accused of committing crimes" is carried out, as well as measures taken by the Russian Federation to eliminate them. The causes of overcrowding in remand centers occurred in Moscow, Moscow region and a number of other regions are analyzed. The author made suggestions to improve current legislation. The article contains recommendations to prosecutors supervising the implementation of laws by administrations of pre-trial detention facilities, as well as the preliminary investigation of criminal cases.

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12

Nilforooshan, Ramin, Rizkar Amin i James Warner. "Ethnicity and outcome of appeal after detention under the Mental Health Act 1983". Psychiatric Bulletin 33, nr 8 (sierpień 2009): 288–90. http://dx.doi.org/10.1192/pb.bp.108.021360.

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Aims and MethodThere is insufficient research into the relationship between ethnicity and appeals against detention under mental health legislation. We sought to identify rates and success of appeals in different ethnic groups through a retrospective analysis of all detentions under the Mental Health Act 1983 over 1 year.ResultsWe found high rates of appeals overall, with substantial differences between ethnic groups (36 (39%) White British compared with 71 (63%) Black Caribbean (P = 0.0001) and 21 (68%) White Irish (P = 0.01) individuals (Yates corrected chi-squared)). Success rates on appeal were very low in all groups.Clinical ImplicationsThere are significant ethnic differences in appeals against detention under the Mental Health Act.

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13

Buley, Tim. "Mandatory Detention". Judicial Review 17, nr 2 (15.06.2012): 136–43. http://dx.doi.org/10.5235/108546812801228112.

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14

Presnell, Barbara. "Detention Slip". English Journal 92, nr 6 (lipiec 2003): 85. http://dx.doi.org/10.2307/3650545.

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Hill, James W. "Against Detention". Social Philosophy Today 8 (1993): 117–30. http://dx.doi.org/10.5840/socphiltoday1993851.

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Frelick, Bill. "Preventive detention". Peace Review 5, nr 3 (wrzesień 1993): 305–10. http://dx.doi.org/10.1080/10402659308425734.

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Mountz, Alison, Kate Coddington, R. Tina Catania i Jenna M. Loyd. "Conceptualizing detention". Progress in Human Geography 37, nr 4 (15.10.2012): 522–41. http://dx.doi.org/10.1177/0309132512460903.

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Bosworth, Mary. "Immigration detention". Criminal Justice Matters 71, nr 1 (marzec 2008): 24–25. http://dx.doi.org/10.1080/09627250801937611.

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McCarthy, Shaun, Amy Maguire i Amy Elton. "Executive Detention". Alternative Law Journal 41, nr 4 (grudzień 2016): 249–53. http://dx.doi.org/10.1177/1037969x1604100407.

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Coventry, Thea. "Pretrial detention". New Journal of European Criminal Law 8, nr 1 (marzec 2017): 43–63. http://dx.doi.org/10.1177/2032284417699291.

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Chaza, Thomas. "In Detention". Index on Censorship 32, nr 2 (kwiecień 2003): 111. http://dx.doi.org/10.1080/03064220308537221.

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Butler, Judith. "Indefinite Detention". Qui Parle 29, nr 1 (1.06.2020): 15–24. http://dx.doi.org/10.1215/10418385-8241890.

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Abstract Indefinite detention is a legal norm and practice that is increasingly acceptable throughout the world. It consists of arrest and forcible detention without a clear communication of crimes committed, and it can last indefinitely, since it deprives the detained of recourse to courts for review and release. Kafka’s Trial, which brought this kind of legal nightmare into focus, proves relevant for understanding the temporal sequence by which the expectation of justice through law is confounded and negated. Over and against the expectation that a set of legal procedures sequentially followed will deliver a fair verdict, if not justice, Kafka’s reordering of space and time exposes a world in which the allegation becomes punishment and the expected release becomes the renewal of detention itself. The relation between fictional and legal sequence proves salient for understanding the indefinite postponement of justice through law, exposing in the end a form of legal violence indistinguishable from criminality.

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Nethery, A., B. Rafferty-Brown i S. Taylor. "Exporting Detention: Australia-funded Immigration Detention in Indonesia". Journal of Refugee Studies 26, nr 1 (7.12.2012): 88–109. http://dx.doi.org/10.1093/jrs/fes027.

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Simanjuntak, Jimmy. "PELAKSANAAN KEWENANGAN PENAHANAN TERHADAP DEBITOR PAILIT MENURUT UU RI NO 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU". to-ra 3, nr 2 (11.09.2017): 597. http://dx.doi.org/10.33541/tora.v3i2.1156.

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Abstract The Indonesian Criminal Code Procedure (KUHAP) provides fundamental legal basis in conducting detention, in concern that the suspect/defendant shall conduct escapement, erasure or destruction of the evidence, or shall conduct recidivism. Law Number 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligation also regulates regarding Detentions towards Bankrupt Debtors on the obligations as Bankrupt Debtors in providing important information/details towards the Administrators, Supervisory Judge, or the Administrators Members concerning the Debtors assets which then shall be managed and settled as bankruptcy assets; however this does not cover the mechanism for detention undertook by the Public Prosecutor evidently appointed by the Supervisory Judge. Keyword: kewenangan penahanan terhadap debitor pailit

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Salib, Emad. "Audit of the Use of Nurses' Holding Power under Section 5(4) of the Mental Health Act 1983". Medicine, Science and the Law 38, nr 3 (lipiec 1998): 227–32. http://dx.doi.org/10.1177/002580249803800308.

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Emergency detention of psychiatric patients by doctors under s. 5(2) of the Mental Health Act 1983 is not always preceded by the use of nurses' holding power under s. 5(4). In this review of patients in North Cheshire, all applications of s. 5(4), allowing the emergency detention of voluntary in-patients by registered psychiatric nurses for a maximum period of six hours, were reviewed to examine the extent of its use and to assess its effect on s. 5(2) outcome. Of the 877 detentions under s. 5(2) implemented during the 11-year review period, 140 (16%) were preceded by s. 5(4). There was no significant difference in age, sex, clinical diagnosis, day of the week, reason for detention and length of hospital stay before section application between those who had s. 5(4) applied before 5(2) and those who did not. The latter were less likely to be converted to other sections (53%) compared to a much higher rate of 80% if s. 5(4) preceded s. 5(2). The review has also found that time of section application and length of hospital stay prior to detention may have influenced the use of nurses' holding power. It suggests that s. 5(4) may be a useful predictor of s. 5(2) outcome.

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Assensoh, A. B. "Justice in Africa: An Overview of Recent Injustice". Issue 15 (1987): 91–96. http://dx.doi.org/10.1017/s0047160700506076.

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“The fact is that detention without trial is not only a punitive act of physical and mental torture of a few patriotic individuals, but it is also a calculated act of psychological terror against the struggling millions. It is a terrorist program for the psychological siege of the whole nation. That is why the practice of detention from the time of arrest to the time of release is deliberately invested with mystifying ritualism. My arrest, for instance.”—Ngugi wa Thiong’o from Detained: A Writer’s Prison Diary.In the quotation above, Kenya’s Ngugi wa Thiong’o sums up the anguish of many Africans, writers, and non-writers alike. Because they address a national, and sometimes international, audience, writers are particularly prone to detentions without trial.

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Adewusi, Laureen, Isabel Mark, Paige Wells i Aileen O’Brien. "A retrospective cohort study describing characteristics of those repeatedly detained under Section 136 of the Mental Health Act over a 5-year period and the association with past abuse". Medicine, Science and the Law 62, nr 2 (5.10.2021): 124–33. http://dx.doi.org/10.1177/00258024211045456.

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Individuals repeatedly detained under Section 136 (S136) of the Mental Health Act account for a significant proportion of all detentions. This study provides a detailed analysis of those repeatedly detained (‘repeat attenders’) to a London Mental Health Trust, identifying key demographic profiles when compared to non-repeat attenders, describing core clinical characteristics and determining to what degree a past history of abuse might be associated with these. All detentions to the S136 suite at South West London and St George's Mental Health NHS Trust over a 5-year period (2015–2020) were examined. Data were collected retrospectively from electronic records. A total of 1767 patients had been detained, with 81 patients identified as being a ‘repeat attenders’ (having had > = 3 detentions to the S136 suite during the study period). Repeat attenders accounted for 400 detentions, 17.7% of all detentions. Repeat attenders included a higher proportion of females (49.4%, p = 0.0001), compared to non-repeat attenders, and a higher proportion of them were of white ethnicity (85.2%, p = 0.001). 52 (64%) patients reported being a victim of past abuse or trauma. Of repeat attenders who reported past abuse or trauma, a high proportion had diagnoses of personality disorders, with deliberate self-harm as the most common reason for detention. They were more commonly discharged home with community support, rather than considered for hospital admission. In light of these findings, this paper discusses support potential strategies for those most vulnerable to repeated S136 detention, thereby minimising the ever-growing number of S136 detentions in the UK.

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Adewusi, Laureen, Isabel Mark, Paige Wells i Aileen O’Brien. "A retrospective cohort study describing characteristics of those repeatedly detained under Section 136 of the Mental Health Act over a 5-year period and the association with past abuse". Medicine, Science and the Law 62, nr 2 (5.10.2021): 124–33. http://dx.doi.org/10.1177/00258024211045456.

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Individuals repeatedly detained under Section 136 (S136) of the Mental Health Act account for a significant proportion of all detentions. This study provides a detailed analysis of those repeatedly detained (‘repeat attenders’) to a London Mental Health Trust, identifying key demographic profiles when compared to non-repeat attenders, describing core clinical characteristics and determining to what degree a past history of abuse might be associated with these. All detentions to the S136 suite at South West London and St George's Mental Health NHS Trust over a 5-year period (2015–2020) were examined. Data were collected retrospectively from electronic records. A total of 1767 patients had been detained, with 81 patients identified as being a ‘repeat attenders’ (having had > = 3 detentions to the S136 suite during the study period). Repeat attenders accounted for 400 detentions, 17.7% of all detentions. Repeat attenders included a higher proportion of females (49.4%, p = 0.0001), compared to non-repeat attenders, and a higher proportion of them were of white ethnicity (85.2%, p = 0.001). 52 (64%) patients reported being a victim of past abuse or trauma. Of repeat attenders who reported past abuse or trauma, a high proportion had diagnoses of personality disorders, with deliberate self-harm as the most common reason for detention. They were more commonly discharged home with community support, rather than considered for hospital admission. In light of these findings, this paper discusses support potential strategies for those most vulnerable to repeated S136 detention, thereby minimising the ever-growing number of S136 detentions in the UK.

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Parthiban, Samitra, i Khoo Ying Hooi. "Detention of Refugee Children in Malaysia and Thailand". Journal of Southeast Asian Human Rights 3, nr 1 (26.06.2019): 59. http://dx.doi.org/10.19184/jseahr.v3i1.10142.

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The refugee issue in Malaysia and Thailand is one of the most protracted human rights issues that both countries face. Regardless of abundant requests and advocacies by non-state actors, both locally and internationally, to persuade the governments of Thailand and Malaysia to provide protection to refugees, the fate of these refugees remain uncertain. One of the key limitations for the human rights protection of the refugees is that both countries did not sign the 1951 Refugee Convention or its 1967 Protocol, moreover, both Thailand and Malaysia do not treat the refugee issue as a domestic problem. This paper examines the detention of refugee children in Malaysia and Thailand with the main intention to advocate for the method of Alternatives to Detention (ATD) as a solution to the shortcomings in a legal method. Based on that, this paper first explores the human rights situation of refugee children in detentions by looking into the current detention practices of both countries. Secondly, this paper examines the strategies and tactics of how the local Non-Governmental Organizations (NGOs) advocate and convince their governments to adopt the approach of ATD.

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Chernenko, Anatolii, i Anatolii Shiyan. "The current CPC of Ukraine on detention". Slovo of the National School of Judges of Ukraine, nr 2(31) (30.07.2020): 78–88. http://dx.doi.org/10.37566/2707-6849-2020-2(31)-7.

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It is noted that in Art. 104 the CPC, 60 years of detention was called an urgent investigative action, but due to changes in 1993, the concept of urgent investigative actions and detention was excluded from this article, and in 1996 in Art. 29 the Constitution of Ukraine, and later in 2001 in Art. 149 the CPC, 60 years of detention was recognized as a temporary measure of restraint. However, scholars continued to consider detention as an investigative action and as means of procedural coercion, and the reason for this dualism, the authors believe the opinion of S.A. Schaefer that the fact of detention of a person at the time of the crime can be recorded only in the detention report.The idea of gaps in the argumentation of S. A. Schaefer and the fact that all the circumstances of detention should be recorded in the transcript of the interrogation of eyewitnesses, which is more effective for this.The authors point out that the current CPC of Ukraine removed the shortcomings of the CPC of 1960, but the name «Legal Detention» can’t be considered perfect, because in the certain cases such detention may be considered illegal. Therefore, the opinion is expressed about renaming the legal detention to «detention». Legal detention, according to the authors, is not a procedural action, so it can’t be an investigative action.According to the authors, the name of the detention by an authorized official (Article 208 the CPC of Ukraine) is also not perfect, because different in content and essence of the action can’t have the same name, so it is proposed to rename it the «pre-trial detention».According to the authors, the norms of the Constitution of Ukraine, the CPC of Ukraine and the Law of Ukraine «On Pre-trial Detention» regarding the name of detention and detention should be agreed upon through appropriate changes, such as those that are significantly unbalanced and inconsistent. Key words: investigative (search) actions, precautionary measures, legal detention, detention by an authorized official, detention, pre-trial detention.

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Osei, Augustine Duah. "Incarceration of chiefs: A colonial and post-colonial tool for the destruction of the sanctity of the chieftaincy institution in Ghana?" Abibisem: Journal of African Culture and Civilization 5 (1.12.2012): 114–31. http://dx.doi.org/10.47963/ajacc.v5i.860.

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Using predominantly primary historical documents, supplemented by the appropriate secondary historical records, this paper examines political detention or the incarceration of chiefs as a measure or a tool employed by both colonial and post-colonial authorities to weaken and to eventually destroy the chieftaincy institution in Ghana. The paper evaluates the circumstances leading to the arrest and detention of the chiefs who suffered such fate. It analyses the socio-cultural impact of such detentions on the paramountcies affected and on the institution of chieftaincy in Ghana as a whole. Based on the findings of the study, the paper concludes that under both colonial and the immediate post-colonial eras, a big blow was dealt to the institution of chieftaincy in Ghana which helped shrink the power and status of the institution in the country.

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Begoore, Yateesh. "Prisoners Dilemma: Ascertaining and Augmenting the Multinational NIAC Detention Regime". Max Planck Yearbook of United Nations Law Online 20, nr 1 (29.08.2017): 436–58. http://dx.doi.org/10.1163/13894633_02001014.

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While International Humanitarian Law (IHL) contains a comprehensive framework of rules and procedural protections for detainees in international armed conflicts (IACS), there is a conspicuous absence of such rules and protections for detainees in the case of non-international armed conflicts (NIACS). In fact, as the recent Serdar Mohammad v. Ministry of Defence case pointed out, the rules pertaining to NIACS make no mention of detention authority at all, leading some scholars to conclude that International Human Rights Law (IHRL), and not IHL, governs NIAC detention. Contrarily, this paper contends that not only does IHL govern (as well as grant authority for) NIAC detentions, the regime’s shortcomings regarding procedural safe-guards and treatment standards may be remedied through the application of the Copenhagen Process Principles – as evolutive interpretation or interpretation based on subsequent agreement – to Common Art. 3 of the Geneva Conventions.

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Burgess, Jennifer L., Sarah-Jane White i Aileen O'Brien. "Retrospective cohort follow-up study of individuals detained under Section 136". BJPsych Open 3, nr 6 (listopad 2017): 281–84. http://dx.doi.org/10.1192/bjpo.bp.117.005694.

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BackgroundAn original cohort study found that over half of the individuals detained under Section 136 (S136) of the Mental Health Act 1983 were discharged home after assessment, and nearly half were intoxicated.AimsTo investigate whether the cohort was followed up by psychiatric services, characterise those repeatedly detained and assess whether substance use was related to these outcomes.MethodData were retrospectively collected from the notes of 242 individuals, who presented after S136 detention to a place of safety over a 6-month period, and were followed up for 1 year.ResultsAfter 1 year, 48% were in secondary care. Those with psychosis were the most likely to be admitted. Diagnoses of personality disorder or substance use were associated with multiple detentions; however, few were in contact with secondary services.ConclusionsCrisis and long-term care pathways for these groups need to be developed to reduce repeated and unnecessary police detention.

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Gilman, Denise, i Luis A. Romero. "Immigration Detention, Inc." Journal on Migration and Human Security 6, nr 2 (czerwiec 2018): 145–60. http://dx.doi.org/10.1177/2331502418765414.

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This article addresses the influence of economic inequality on immigration detention. The US Department of Homeland Security (DHS) detains roughly 350,000 migrants each year and maintains more than 30,000 beds each day. This massive detention system raises issues of economic power and powerlessness. This article connects, for the first time, the influence of economic inequality on system-wide immigration detention policy as well as on individual detention decisions. The article begins with a description of the systemic impact that for-profit prisons have had on the federal immigration detention system, by promoting wide-scale detention. The resulting expansion of detention has led to ever-increasing profitability for the private for-profit prison sector, which allows the companies to exercise even more influence over policymakers to achieve yet higher levels of detention. The influence of wealthy private prison corporations also affects the very nature of immigration detention, leading to the use of jail-like facilities that are the product offered by the private prison industry. The article then describes the mechanisms by which economic inequality dictates the likelihood and length of detention in individual cases. The detention or release decisions made by DHS in individual cases must account for the need to keep numerous detention beds full to satisfy the contracts made with powerful private prison companies. DHS regularly sets bond amounts at levels that are not correlated to flight risk or danger, but rather to the length of time that the individual must be held in detention to keep the available space full. The article presents data, obtained from immigration authorities, regarding detention and bond patterns at a specific detention center that demonstrate this point. The research finds an inverse relationship between the number of newly arriving immigrants in the detention center and the bond amounts set by US Immigration and Customs Enforcement (ICE). During times when new arrivals were few, the amount required to be released from detention on bond was high; during times when there were many new arrivals, bond amounts were reduced or set at zero. The article also presents another way in which economic inequality affects the likelihood of detention at the individual level. Release and detention are largely controlled through the use of monetary bond requirements, which must be paid in full. The regular use of financial bonds as the exclusive mechanism for release means that those migrants who are most able to pay are most likely to be released, without regard to their likelihood of absconding or endangering the community. Wealth thus determines detention rather than an individualized determination of the necessity of depriving an individual of liberty. The article urges that the role of economic inequality in immigration detention raises troubling issues of democratic governance and the commodification of traditional governmental functions. The current system also leads to an unjustifiable redistribution of wealth from the poor to the rich. Looking at immigration detention through the lens of economic inequality offers new lines of theoretical inquiry into immigration detention. It connects the discussion of immigration detention to scholarly critiques of for-profit prisons and the privatization of state security functions more generally. It also brings a new perspective to prior work in the immigration and criminal justice contexts, questioning the fairness and utility of requiring payment of monetary bonds to obtain liberty from detention. The article concludes with recommendations for reform. These reforms would help to sideline the influence of economic inequality in immigration detention decision making.

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Montague, Phillip. "Justifying Preventive Detention". Law and Philosophy 18, nr 2 (marzec 1999): 173. http://dx.doi.org/10.2307/3505196.

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Ordaz, Jessica. "Migrant Detention Archives". Southern California Quarterly 102, nr 3 (2020): 250–73. http://dx.doi.org/10.1525/scq.2020.102.3.250.

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The impact of incarceration on the migrants in the federal immigration facility in El Centro, California, which operated from 1945 to 2014, is obscured by limited-access government records that emphasize the efficiency of the non-punitive immigration holding center. Direct observation revealed a restrictive environment, an authoritarian regime, and dehumanizing protocols. These discrepancies led to a search for information on the emotional impact of the facility on migrants incarcerated there. This required the collection of data from alternative sources, including interviews, private collections, photographs, activists’ correspondence, journalists’ investigations, and Mexican officials’ inquiries—an emotive archive.

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BAYTAZ, Abdullah Batuhan. "Detention on Remand". Journal of Penal Law & Criminology 6, nr 2 (28.12.2018): 133–53. http://dx.doi.org/10.26650/jplc2018-0012.

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Spena, Alessandro. "Resisting Immigration Detention". European Journal of Migration and Law 18, nr 2 (17.06.2016): 201–21. http://dx.doi.org/10.1163/15718166-12342099.

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The aim of this article is to provide a normative analysis of the ways in which immigrants resist immigration detention. After having outlined (in Section 2) some general features that make immigration detention a rather abnormal condition for human beings to be kept in, I distinguish three main forms of resistance to it: institutionalized, non-institutionalized, and anti-institutional. I first spell out, in Section 3, some individual characteristics of these forms of resistance. Then (in Sections 4 and 5), using Italy as my test case, I suggest, for each of these forms, an interpretation of their normative meaning (that is, their meaning according to both the relevant legal rules and their underlying social values): under this perspective, I argue that they represent one of the few ways irregular immigrants have to try to assert their existence and to negotiate some space within our societies. I conclude the article by presenting some comments on the effectiveness of the immigrants’ resistance to detention (Section 6).

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Rosner, Lydia. "Juvenile secure detention". Journal of Offender Rehabilitation 12, nr 2 (1988): 57–76. http://dx.doi.org/10.1080/10509674.1988.9963877.

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Barrish, Phillip. "Cultures of Detention". Texas Studies in Literature and Language 50, nr 3 (2008): iv. http://dx.doi.org/10.1353/tsl.0.0007.

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Rosner, Lydia S. "Juvenile Secure Detention". Journal of Offender Counseling Services Rehabilitation 12, nr 2 (17.05.1988): 57–76. http://dx.doi.org/10.1300/j264v12n02_05.

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Maxim, Juliana. "Regarding Immigrant Detention". Architectural Theory Review 24, nr 2 (3.05.2020): 214–16. http://dx.doi.org/10.1080/13264826.2020.1805009.

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Adebowale, Victor. "Diversion, not detention". Public Policy Research 17, nr 2 (czerwiec 2010): 71–74. http://dx.doi.org/10.1111/j.1744-540x.2010.00607.x.

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Douglas, Paul. "Detention in Hospital". Probation Journal 35, nr 2 (czerwiec 1988): 73–76. http://dx.doi.org/10.1177/026455058803500218.

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Fazel, Mina, i Derrick Silove. "Detention of refugees". BMJ 332, nr 7536 (2.02.2006): 251–52. http://dx.doi.org/10.1136/bmj.332.7536.251.

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Breuls, Lars. "Understanding immigration detention". Journal of Organizational Ethnography 9, nr 2 (26.12.2019): 129–42. http://dx.doi.org/10.1108/joe-01-2019-0003.

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Purpose A reflexive ethnographic account of the practical and emotional challenges encountered by the researcher during fieldwork is too often separated from the analytical research results, which, as argued by this paper, downplays or even ignores the analytical value of the encountered challenges. Drawing on personal examples from ethnographic research in immigration detention, the purpose of this paper is to show that these challenges have an intrinsic analytical value. Design/methodology/approach Ethnographic research was carried out in two immigration detention centres in Belgium and one in the Netherlands. Observations, informal conversations with detainees and staff, and semi-structured interviews with detainees were triangulated. Extracts from fieldnotes are presented and discussed to demonstrate the analytical value of the challenges experienced during fieldwork. Findings Three important challenges are presented: distrust from organisational gatekeepers and research participants, disruptions of the organisational routines, and witnessing and experiencing feelings of powerlessness. The analytical value of these challenges is strongly connected to theoretical and analytical themes that emerged during the research. Originality/value Ethnographic researchers are encouraged to explicitly treat the reflexive accounts of practical and emotional challenges as “data in itself” and as such nested within their analytical results.

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David Scott, Dr. "Thinking about detention". Criminal Justice Matters 71, nr 1 (marzec 2008): 11–13. http://dx.doi.org/10.1080/09627250801937504.

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Coles, Deborah, i Helen Shaw. "Deaths in detention". Criminal Justice Matters 71, nr 1 (marzec 2008): 30–31. http://dx.doi.org/10.1080/09627250801937652.

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Codd, Helen. "Detention and families". Criminal Justice Matters 71, nr 1 (marzec 2008): 34–35. http://dx.doi.org/10.1080/09627250801937686.

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Coles, Deborah, i Helen Shaw. "Deaths in detention". Criminal Justice Matters 102, nr 1 (3.07.2015): 9–10. http://dx.doi.org/10.1080/09627251.2015.1143620.

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