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1
Rahman, Basim. "Conditions of Custody and its Implications in Islamic Jurisprudence." Islamic Sciences Journal 12, no. 3 (March 17, 2023): 112–35. http://dx.doi.org/10.25130/jis.21.12.3.1.6.
Анотація:
This study aims to show the importance of a suitable environment for the child and taking care of him, and that he must live in the confinement of his parents and their protection, and the effect of custody on Looking after the child and the role of the mother in that, and the negative consequences that result if he loses this nursery. So custody is the upbringing of those who are not independent by doing What works for him and protects him from what harms him, such as undertaking to wash his body, clothes, ointments, and eyeliner, tie him in the cradle, and so on: Among the general conditions of custody that must be available in the incubator, whether he is a man or a woman, is, Islam and maturity, The conditions for women are not to be married to a foreigner, and the conditions for men to have with the incubator, whether the father or other incubator, someone who takes custody of the child. The most important reasons that lead to the loss of custody are the abandonment of the mother from the child, as well as the divorce and apostasy from Islam.
2
Rofiq, Muhammad Khoirur. "PEMBERIAN HAK ASUH ANAK DALAM PERCERAIAN KARENA PERALIHAN AGAMA (MURTAD)." Journal of Islamic Studies and Humanities 6, no. 2 (October 28, 2021): 97–110. http://dx.doi.org/10.21580/jish.v6i2.8171.
Анотація:
Divorce due to apostasy causes child custody issues, is religion or the welfare of the child a priority? This study is a qualitative normative legal research with a juridical approach and a case approach. Primary data in this study are seven decisions of the Religious Courts regarding divorce by apostate parents and the determination of child custody. This paper focuses on examining (1) judges' considerations in determining custody of children in divorce due to apostasy, (2) patterns of granting custody of children in divorce due to apostasy. This research results in (1) The judge considers the conditions of the parties with three priority conditions for determining child custody, namely Islam, morals, and the ability to care for children. (2) the pattern of granting custody of children in divorce due to apostasy is (a) Islam becomes a priority requirement in determining child custody (b) if Islamic requirements are not met, then the moral requirements and the ability to care for the benefit of the child will be prioritized. The panel of judges will analyze the conditions of both parents to determine what is best for the child, even though custody is given to the apostate parent.
3
Kerr, Lisa. "Sentencing Ashley Smith: How Prison Conditions Relate to the Aims of Punishment." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 32, no. 02 (August 2017): 187–207. http://dx.doi.org/10.1017/cls.2017.14.
Анотація:
Abstract Ashley Smith’s experience in the adult prison system flowed from certain of its systemic features. This article considers whether and how it is possible to reconcile the basic commitments of sentencing law, including the legal aims of punishment, with that systemic portrait. The youth court that ordered Smith’s transfer to adult custody relied upon an idealized conception of adult imprisonment, just as ordinary adult sentencing courts do. Judges purport to stipulate the severity of punishment, but tend not to consider how prison conditions will shape the severity of the sanction. Even where a particular defendant is likely to face unique difficulties in custody, courts tend to take notice in limited and rare ways. Smith’s experience in adult custody challenges us to more clearly identify, and to consider extending, doctrinal sentencing rules that represent a judicial concern with the effects and prospects of imprisonment in particular cases.
4
Stojković, Vesna. "Custody in criminal proceedings: Legal grounds and procedure." Glasnik Advokatske komore Vojvodine 79, no. 9 (2007): 119–31. http://dx.doi.org/10.5937/gakv0705119s.
Анотація:
A very important issue for the normal, smooth flow of criminal procedure is an immediate presence of some persons in criminal procedure, in the first place of the accused. The actions and measures of the criminal court undertaken in order to provide the immediate presence of the accused are the following: call, bringing of the accused, measures of monitoring, caution and the most severe one - temporary arrest (custody). These measures for securing the presence of the accused and for the normal flow of criminal proceedings are placed in the new Criminal Procedural Law of Montenegro in the part devoted to general issues, unlike before when these actions were placed in the part with investigation, since these measures are now undertaken not only during investigation but also during the entire criminal procedure. The reasons for these changes as well as for repeal of some earlier solutions of the Criminal Procedural Law concerning custody lie in the necessity to implement some solutions from modern criminal procedural laws of European countries as well as to implement relevant solutions from European Declaration on Human Rights, to improve human rights and to reach European human rights standards. The three most important changes related to the custody are the following: legal conditions for imposing custody jurisdiction for imposing custody and duration of custody. As far as the legal conditions for imposing custody are concerned, they are now more favorable for the accused, and the compulsory arrest is practically repealed. Now, only the criminal court is in charge to impose custody. And the last but not the least important issue •- during the whole criminal procedure the duration of custody is legally limited and strictly controlled by the court.
5
Nazemi, Mahdi, and Abbas Ali Salehi. "Investigating the Custody in Shiite Jurisprudence and Civil Rights in France." Journal of Politics and Law 9, no. 7 (August 30, 2016): 230. http://dx.doi.org/10.5539/jpl.v9n7p230.
Анотація:
Custody in Islam is the procedure for child rearing, which effects his physical and material context. What kept custody of the child apart from other issues, is attention to the spiritual dimension of the child and considering the child needs. Child custody and disputes on it leads to be an important issue for parents in countries civil law. In civil rights it becomes as well as the important of religious orders and opinions of jurists, in this regard recommendations are provided on how to improve the supervision and laws of our country's children for a better life. Therefore, in this case, it is needed to examine the legal opinion regarding to the custody of the two legal systems of Iran and France. The first custody must be investigated and have priority to the custody of the father or mother. In Iranian Civil Code the right and duty of parents in custody knows some right and some homework. In French Civil Code custody of parents towards children in all areas of life for the growth, maintenance and education of children is common and conspicuous aspects of its obligatory. The exercise of the custody right is shared between parents and conditions are considered the parent with custody situations where their absence is excused. Parents under certain circumstances can have the right to self-disclaimer or leave to a third party to ask the court about the right.
6
Anand, Ghansham, Dinda Silviana Putri, Xavier Nugraha, Julienna Hartono, and Melati Ayu Pusparani. "Legal Implications on Cancellation of Agreements Made Prior to Custody for Good Faith Land Buyers." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 9, no. 2 (2022): 253–75. http://dx.doi.org/10.22304/pjih.v9n2.a6.
Анотація:
This study aims to analyze the construction of the cancellation of the land purchase agreement and legal protection for the seller in land purchases before the custody. The study used statute, case, and conceptual approaches. It focuses on the concept of custody and good faith. After analyzing the relevant legal sources, it is known that, on the one hand, Article 447 of the Indonesian Civil Code allows for the retroactive application of the custody in some conditions: (1) the custody is due to unwise, mental disorder, and irrational; and (2) the reasons underlying the custody had existed at the time the legal action is taken. The implementation of Article 447 can cancel land purchases made before the custody. On the other hand, the state must protect the buyer’s principle of good faith even though the seller is an unauthorized person. Article 447 must be applied because (1) the Indonesian Civil Code is a positive law that must be enforced; (2) people who are placed under custody are more at risk of experiencing losses in land purchases, and (3) construction of good faith land buyers cannot be applied because there are fewer parties.
7
Świderski, Krzysztof. "Konstytucyjny model pieczy nad zawodami zaufania publicznego." Studia Prawa Publicznego, no. 1 (45) (March 15, 2024): 61–88. http://dx.doi.org/10.14746/spp.2024.1.45.3.
Анотація:
The article presents selected problems concerning custody for persons with professions of public trust. First, attention is drawn to the historical understanding of custody. In the past, custody was perceived as a manifestation of managing administration. The current way of thinking about custody results from the custody model contained in Art. 17 section 1 of the Constitution of the Republic of Poland. Exercising custody is one of the forms of coercive professional self-governing body activity. Custody is exercised by an entity endowed with administrative power, which is a component of public authorities. The purpose of custody is to protect the public interest, understood primarily as building public trust. The basic factors that build public trust are high professionalism of services, the obligation to maintain professional secrecy, and providing citizens with full information about the service provided. Activities undertaken as part of the exercise of custody serve the purpose of enhancing and protecting public trust. Custody is exercised with regard to persons performing professions of public trust. Such persons remain outside the public administration and perform professional activities on their own account and in their own name. These are private individuals that render specialized services which are important from the point of view of the basic goods of an individual, such as health, property interests or personal rights. Administrative custody is exercised to ensure that the needs of citizens are properly met. The competent professional self-government bodies should ensure the conditions for providing citizens with the best quality services in the field of health care, legal protection, property protection and wherever public safety is concerned. Exercising custody by professional self-governments makes it possible to interfere with authority in socially important activities undertaken by persons outside the structures of public administration.
8
Yanovska, Oleksandra G., Alyona V. Chugaevska, and Mykhailo S. Ivanov. "CARGOCULTISM OF PSYCHIATRIC CARE IN CUSTODY." Wiadomości Lekarskie 74, no. 11 (2021): 2916–21. http://dx.doi.org/10.36740/wlek202111210.
Анотація:
The aim: To analyze the features of the realization mechanism of the persons’ rights who have become ill with a mental illness and are in the detention of adequate (equivalent) medical care. Materials and methods: A set of general and special methods of scientific knowledge were used. The study’s empirical basis consists of international acts and standards in the field of health care, statistics of the United Kingdom, France, the United States, some countries in Eastern Europe and Central Asia, reports of international organizations, the case-law of the European Court of Human Rights. The study also used the personal experience of one of the co-authors as a lawyer for more than 20 years and 4 years as a judge of the Supreme Court. Results: The conducted research gives grounds to state that for the last few decades the problem of receiving psychiatric care in conditions of imprisonment remains relevant. This situation is partly due to the fact that the certain standards’ content is subject to clarification, as it is contained in optional international instruments or is given some understanding solely through the practice of the ECHR. Given the implementation of the prisoners’ right of access to psychiatric care is entrusted primarily to penitentiary institution’s administration, attention should be paid to methodological, material, and staffing of their work while introducing maximum openness of psychiatric care’s algorithms to prisoners and facilitating access to legal aid for the mentally ill. Conclusions: Creating external attributes of mechanisms to ensure the convicts’ right to psychiatric care, the relevant national mechanisms do not take into account the specifics of the detained persons’ legal status. Such a superficial imitation of the system of guarantees of the prisoners’ rights to medical care is a kind of cargo cultism of public institutions, which is designed to provide non-discriminatory conditions for the realization of the right to health care for all categories of the population.
9
Maryanih, Maryanih, Andi Akram, and Syarif Fadillah. "Analisis Hukum terhadap Penetapan Kuasa Asuh Anak sebagai Akibat Perceraian (Analisa Hukum Pasal 156 Kompilasi Hukum Islam)." Jurnal Hukum Jurisdictie 3, no. 1 (June 2, 2021): 117–48. http://dx.doi.org/10.34005/jhj.v3i1.43.
Анотація:
Divorce has legal consequences, such the distribution of marital property, and child custody. In the Compilation of Islamic Law, child custody must be seen from the child condition, where in the provisions of Article 105, it is known that child custody must see whether the condition of mummayiz or not. For children who are not yet mummayiz, the custody of the child is given priority to the biological mother, but it is not uncommon where in divorce cases, the child is not yet mummayiz, the custody rights are delegated to his biological father, so the purpopse in this study, is intended to examine and analyzing the position of child custody due to legal divorce consequences according to the Compilation of Islamic Law and who has the right of child custody due to legal consequences of divorce. This study uses a normative research method, with the data used is secondary in the form of library data. The results of the study indicate that the position of parents in child custody due to the legal consequences of divorce according to the Compilation of Islamic Law, is based on Article 105 and Article 156 of the Compilation of Islamic Law, where the hadhanah of the child, the biological mother is preferred, but if there are certain conditions based on Article 156 of the Compilation Islamic law, where the hadhanah holder cannot guarantee the physical and spiritual safety of the child, of course the child's hadhanah can be transferred.
10
Camp, Scott D., and Dawn M. Daggett. "Correctional and Treatment Staff Attitudes Toward Reentry." Criminal Justice Review 41, no. 4 (September 22, 2016): 393–408. http://dx.doi.org/10.1177/0734016816665155.
Анотація:
Staff support of agency mission is an accepted axiom in organizational research. This analysis examined staff attitudes toward reentry preparation in a large prison system. Analysis examined whether local conditions at different prisons had an impact upon average views about the importance of reentry efforts. The study also investigated whether local conditions across prisons mediated differences between custody and treatment staff evaluations of reentry importance. Multilevel models demonstrated that average levels of reentry importance did vary across prisons, but the gap between custody and treatment staff evaluations was consistent across prisons.
11
Coleman, Marilyn, Lawrence H. Ganong, Timothy S. Killian, and Annette Kusgen McDaniel. "Mom's House? Dad's House? Attitudes toward Physical Custody Changes." Families in Society: The Journal of Contemporary Social Services 79, no. 2 (April 1998): 112–22. http://dx.doi.org/10.1606/1044-3894.1821.
Анотація:
Normative beliefs regarding postdivorce changes in the physical custody of children were examined. Four hundred and eighty randomly selected adults responded to a vignette about a divorced couple and their 16-year-old child. Conditions in the vignette included child gender, legal custody arrangements, and marital status. Quantitative and open-ended data were collected. Several themes emerged: (a) the parenting ability and lifestyle of fathers are suspect, (b) fathers are more obligated to sons than to daughters, (c) mothers are more obligated than fathers to take their children in when the children want to move, and (d) children's motivations for changing residences are important considerations. Implications for future research and legal custody decisions are discussed.
12
Fedchenko, V. M., and K. O. Hunko. "TAKING INTO CUSTODY: APPLICATION IN THE CONDITIONS OF THE STATE OF MARTIAL." Juridical scientific and electronic journal, no. 11 (2023): 577–79. http://dx.doi.org/10.32782/2524-0374/2023-11/142.
13
Chepik, Irina Viktorovna. "Investigation of ways to escape from custody as a prevention of an emergency." Полицейская деятельность, no. 3 (March 2022): 9–19. http://dx.doi.org/10.7256/2454-0692.2022.3.38193.
Анотація:
The subject of the study is the public danger posed by escaping from custody. The article indicates which social institutions are harmed and what serious consequences may occur after the implementation of such a socially dangerous act as escape. Attention is drawn to the importance of studying the methods of escape from custody, since here lies the consequence of many violations in the official activities of the security and escort units of the police - the assumption by police officers of favorable conditions for committing illegal actions. The problem of shortage in the investigated police units is particularly noted. Proposals are being made to stimulate the employees of the security and escort units of the police. Most of the methods of escape from custody presented in the article are illustrated by judicial practice, which means the practical applicability of these methods by a special agent and the presence of already completed crimes, as a result of which a number of police officers have been brought to disciplinary or criminal responsibility. The main conclusions are some measures to prevent escape from pre-trial detention. The study draws a parallel between violations by police officers of the established order of protection and escort and the commission (or attempt) to escape from custody. Attention is drawn to the need to study the causes, conditions, factors contributing to the escape, only in conjunction with the study of the ways in which it is possible to escape from custody. The development of the phenomena under consideration is impossible in isolation from each other, as it entails unreliable interpretation, incorrect conclusions, and, accordingly, incorrectly formulated preventive measures, which may not be effective as a result.
14
Majerčíková, Jana. "Joint Child Custody as a New Kindergarten Teachers’ Experience." Acta Educationis Generalis 7, no. 3 (December 20, 2017): 99–110. http://dx.doi.org/10.1515/atd-2017-0027.
Анотація:
Abstract Introduction: The possibility of joint child care after divorce in which parental responsibilities are distributed equally among parents has been implemented in the Czech Republic since 1998. Under certain circumstances, joint custody is considered to be the best solution with regard to further prospects of individual children and also their relationships with their divorcing parents. The solution of joint custody issues happens between parents and/or their family members. Lawyers, psychologists, doctors, and social workers adopt a legitimate attitude to each individual case. Primarily, psychologists provide empirical proofs of the beneficial effect of joint custody concept. In Czech conditions, teachers are the least heard group in this respect. Methods: A research was carried out in which we utilized the method of thematic writing. Twenty-seven written products, written by the kindergarten teachers were analyzed (the length ranged from 2000 to 2500 words). The content analysis was used with the research aim to reveal their point of view of the joint child custody concept and their experience with children in joint custody. Results: The teachers’ attitude to joint custody was negative, they more leaned towards the opinion that joint custody is not an optimal solution. They perceived the concept of joint custody as beneficial but, on the other hand, as problematic and hardly feasible by divorced people as they often remain in conflict. Based on their experience with children in joint custody, it is fully dependent on the ability of parents to agree on it and to fulfil their children’s interests together. However, these are not, according to the teachers, very often taken into consideration in joint custody. Discussion: In their reflections, kindergarten teachers confirmed the generally accepted controversial conclusions and experience related to primarily practical side of joint custody. They underlined the accepted opinion that it is always necessary to assess joint custody in its relations to a particular case and in respect to its inability to substitute normally functioning and complete families. Limitaitons: The main research limit concerns the choices of research sample and amount of material based on 27 written products. The first version of the report underwent a participant validation in order to reduce possible distortion during the interpretation of empirical data. Conclusions: The research results have the potential to introduce further valuable and pedagogical perspective into the discussion about joint custody issues. It can even serve as a stimulus to optimize the content of teacher education with the aim to encompass various elements of educational reality of current kindergarten.
15
Ramadhan, Suci, and JM Muslimin. "Indonesian Religious Court Decisions on Child Custody Cases: Between Positivism and Progressive Legal Thought." JURIS (Jurnal Ilmiah Syariah) 21, no. 1 (June 10, 2022): 89. http://dx.doi.org/10.31958/juris.v21i1.5723.
Анотація:
Indonesian judges of Religious Court in deciding child custody cases have different legal reasoning. Some preferred to use juridical reasoning and others use progressive and sociological reasoning. This different legal reasoning causes various insights in the meaning of justice for child custody. This study aims to analyze the positivistic and progressive Islamic legal thought in judges' decisions of child custody cases. This is normative legal research with statutory and case approaches. The legal material is six judges' decisions and is supported by books, scientific article, statutes, and interview. Then, it is analyzed by content analysis. The result states that judges who use textual reasoning tend to decide that child custody is the mothers right, referring textually to an article 105 of the Islamic Law Compilation. Meanwhile, the other judges who prefer to contextual reasoning, decide that child custody is the fathers right. The textual reasoning is steered by legal-positivism: logical coherence of the text is the main method in concluding decision. The contextual reasoning is driven by sociological as well as critical-progressive thought: deconstruction of legal text, contra legem approach by qiyâs (analogy) and istiḥsân (legal teleology), to produce the justice values based on child interests and parents conditions.
16
Fritzell, Sara C., and H. Michael Gähler. "Family Structure, Child Living Arrangement and Mothers’ Self-rated Health in Sweden—A Cross-Sectional Study." International Journal of Health Services 47, no. 2 (December 26, 2016): 298–311. http://dx.doi.org/10.1177/0020731416685493.
Анотація:
Alternate living, i.e. children living 50-50 with their parents following separation is emerging as a new family form. This study is the first to differentiate separated mothers with sole/main custody from mothers with alternately living children, analysing health outcomes and using a sample representative of the population. The association between the self-rated health (SRH) of mothers and different family structures are examined. Parental cooperation is included in the analyses as a potential mediator. Data on 755 mothers from the 2010 Swedish Level of Living Survey were analyzed by multivariate logistic regression. Single mothers with sole/main custody reported poorer SRH than couple mothers in intact families while the difference was not significant for single mothers with children living alternately and mothers in stepfamilies. Controlling for potential confounders, probabilities for poor SRH for single mothers were reduced. The excess risk among mothers with sole/main custody may be due to poorer socioeconomic conditions. Employment was significantly more common among mothers with alternate living and an important explanatory factor for their better health compared to single mothers with sole/main custody. Adjusting for parental cooperation lowered the increased probability for poor SRH among single mothers with sole/main custody compared to single mothers with alternate living.
17
Landry, Jean-Michel. "Dialectic of Ijtihad." Comparative Studies of South Asia, Africa and the Middle East 39, no. 3 (December 1, 2019): 361–73. http://dx.doi.org/10.1215/1089201x-7885323.
Анотація:
Abstract In recent years, the problem of gender-based custody allocation has sparked intense mobilization across the Middle East. In Lebanon, Sunni and Shi‘i citizens led two parallel campaigns to modify the sharia-derived norms enforced in custody disputes. Their efforts produced perplexing results: while Sunnis extended the duration of maternal custody, the Shi‘a failed to bring about even a modicum of change to judiciary practice. This essay argues that understanding this difference in outcomes requires shifting the analytical focus away from religious doctrines and codification issues and toward the political apparatuses in which Islamic jurisprudences are embedded. Drawing on ethnographic research, Landry asks how the secular state helps construct the religious laws applied in its family courts. In pursuing this question, he shows that under current conditions, judges' practice of ijtihad (scripture-based reasoning) often hinders legal change instead of facilitating it.
18
Paquette, Erin Talati, and Lou Vinarcsik. "Pediatric Decision-Making for Children in State Custody." Perspectives in Biology and Medicine 67, no. 2 (March 2024): 290–304. http://dx.doi.org/10.1353/pbm.2024.a929024.
Анотація:
ABSTRACT: In summer 2022, six points of consensus emerged from a symposium addressing the question, “In the context of U.S. pediatric care, what moral precepts ought to guide parents and clinicians in medical decision making for children?” (Salter et al. 2023). The authors of this statement wrote, however, that the points of consensus may require modification or may not apply in their entirety to children in state custody. This article addresses the consensus recommendations in the context of the thousands of children removed annually from the custody of their parents. While the consensus statements developed at the symposium provide a good starting point for decision-making in the context of these children, some alterations and nuance must be applied to attend to the specific needs of this population. The article works through what special considerations and changes ought to be made to expand the reach of the original points of consensus without neglecting the particular conditions of children in state custody, as well as their parents and caregivers.
19
Chepik, Irina Viktorovna. "The principle of clarity in the study of ways to make escapes from custody." Полицейская деятельность, no. 5 (May 2023): 60–75. http://dx.doi.org/10.7256/2454-0692.2023.5.43731.
Анотація:
The subject of the study is the peculiarity of the use of the principle of visibility in the study of methods of escape from custody by suspects (accused) by employees of the security and convoy units of the police. The author draws attention to the fact that for criminal-legal characteristics at different times, including today, not all methods of escape from custody are important, however, it is necessary to know and recognize them for each police officer, since favorable conditions for escape from custody are more often created by themselves employees of security and convoy units. Using the acquired knowledge, a police officer will be able to reproduce the situation in practice and prevent the escape from custody. The article notes the professional qualities that an employee of the security and convoy service must possess in order to successfully solve the tasks assigned to him and the orientation of training that can contribute to the development of these qualities. The author considers the importance of applying the principle of visibility in teaching, justifies the use of specific means of ensuring visibility that can be illustrated to students, and provides examples. The article examines the violations that contribute to the escape from custody, the methods of its commission, in the study of which examples are used in the form of tables, graphs, photographs, video clips, extracts from court decisions. The position is substantiated that using the principle of visibility improves the perception and memorization of information
20
McConville, Mike, and Luke Marsh. "Resuscitating criminal courts after Covid-19: Trialling a cure worse than the disease." International Journal of Evidence & Proof 26, no. 2 (December 15, 2021): 103–20. http://dx.doi.org/10.1177/13657127211064355.
Анотація:
This article, focusing on the issue of custody time limits litigated under Covid-19 conditions, sets out how reasoned decisions to refuse to extend custody for unconvicted defendants excited the disapproval of senior judges such that fundamental changes were made to evidence, procedure and proof as well as effecting permanent manipulation of the composition of the adjudicating panels authorised to deal with such cases. This additionally raises fundamental questions about the administration and governance of the courts, the independence of the judiciary in decision-making and the basic utility of the presumption of innocence in such cases.
21
Skinns, Layla, Lindsey Rice, Amy Sprawson, and Andrew Wooff. "Police legitimacy in context: an exploration of “soft” power in police custody in England." Policing: An International Journal 40, no. 3 (August 21, 2017): 601–13. http://dx.doi.org/10.1108/pijpsm-06-2016-0077.
Анотація:
Purpose The purpose of this paper is to examine how police authority – in its “soft” form – is used and understood by staff and detainees in police custody in England, examining how these meanings are shaped by this unique police setting. It is argued that the nature of this setting, as fraught and uncertain, along with the large volume of citizens who come into contact with the police therein, makes police custody the ultimate “teachable moment”. Design/methodology/approach The present paper is based on in-depth qualitative data collected between March 2014 and May 2015 in four custody suites (in four forces). In each site, the researchers spent three to four weeks observing and then interviewed 10-15 staff (largely police officers, detention officers but also a few other criminal justice practitioners) and 10-15 detainees. In total, the paper is based on 532 hours of observing and 97 interviews (47 with staff and 50 with detainees). Findings One way that the staff used their authority in the custody suites in the research was softly and innocuously; this entailed for example staff communicating in a respectful manner with detainees, such as by being deliberately polite. The authors conclude that this “soft” power was a dynamic, processual matter, shaped in particular by the physical conditions of the suite, the uncertain and insecure nature of detainees’ circumstances, as well as by the sense of disempowerment they felt as a result of being deprived of their liberty and autonomy, all of which contributed to police custody being the ultimate “teachable moment”. Originality/value The paper draws on a range of qualitative data collected from both staff and detainees in four types of police custody suites as part the “good” police custody study. It therefore makes an original contribution to the field which has tended to rely on cross-sectional surveys of citizens not policed populations (Harkin, 2015; Worden and Mclean, 2017).
22
Marković, Mihajlo. "JEMSTVO U KRIVIČNOM POSTUPKU." Glasnik prava 14, no. 1 (2023): 19–34. http://dx.doi.org/10.46793/gp.1401.19m.
Анотація:
Author deals with bail, as alternative to custody in Serbian legislative. Bail is instrument for securing presence of the defendant and unhindered trial course. The Criminal Proceeding Code of the Republic of Serbia, defines conditions and procedure for exchanging custody by establishing bail. Current legislative solution is a subject to change and improvement, in order to achieve better application of bail, as it is supposed to be less harmful to freedom of the defendant, which represents basic human right. Finally, the author suggests certain changes in the Criminal Proceeding Code of the Republic of Serbia, as a possible solution of practical problems in the law enforcement.
23
Smith, Holly. "SEC guidance on broker-dealer custody of digital asset securities." Journal of Investment Compliance 22, no. 2 (June 18, 2021): 189–94. http://dx.doi.org/10.1108/joic-04-2021-0013.
Анотація:
Purpose To explain how the U.S. Securities and Exchange Commission (SEC), in its Digital Asset Securities Release, issued on December 23, 2020, laid out its vision for how broker-dealers can comply with the custody requirements of Rule 15c3-3 under the Exchange Act (the Customer Protection Rule) for investments in digital asset securities. Design/Methodology/Approach Explains the current regulatory uncertainty for broker-dealers doing a business in digital asset securities and developing systems and procedures that result in compliance with the custody requirements of the Customer Protection Rule; seven minimum steps that broker-dealers can take and nine terms and conditions with which they can comply to protect against SEC enforcement action; and the SEC’s request for comment in response to its position statement. Findings A broker-dealer operating pursuant to the terms and conditions of the position statement articulated in the Release will not be subject to SEC enforcement action on the basis that the broker-dealer deems itself to have obtained and maintained physical possession or control of customer fully paid and excess margin digital asset securities for the purposes of paragraph (b)(1) of the Customer Protection Rule. Originality/Value Practical guidance from experienced financial services, broker-dealer and securities lawyer.
24
Johnson, Christine, Jeanette Smith, Geoff Stainer, and Martin Donovan. "Mildly mentally handicapped offenders: an alternative to custody." Psychiatric Bulletin 17, no. 4 (April 1993): 199–201. http://dx.doi.org/10.1192/pb.17.4.199.
Анотація:
Concern is increasingly being expressed about the lack of provision for mentally disordered offenders, who by default end up within the penal system. Gunn et al (1991) in a study of sentenced prisoners identified a significant number who were mentally disordered to be in need of psychiatric treatment. Among these, 0.4% were considered to be mentally handicapped. Recent reports have emphasised the importance of diverting these individuals from the criminal justice system (Woolf & Tumin, 1991; Home Office, 1990; British Medical Association, 1990). However, the majority of such offenders do not fulfil the criteria for admission to hospital under the Mental Health Act 1983. Most are not overtly mentally ill and do not require treatment in conditions of medium security such as exist in regional secure units. However, it is not clear what provision there should be for such individuals. Smith (1988) described an open forensic unit for mildly mentally handicapped offenders (the Leander Unit). She concluded that there was a need for a specialised service to cater for these patients, who were neither appropriately nor adequately provided for by the general psychiatric services, the mentally handicapped services, regional secure units or special hospitals. Unfortunately, in practice there are very few facilities for this group of patients.
25
Castelli, Mireille. "De l'adoption et de « l'abandon » d'un enfant légitime ou l'art de tourner la loi." Chronique de jurisprudence 18, no. 4 (April 12, 2005): 931–35. http://dx.doi.org/10.7202/042199ar.
Анотація:
At issue in these two cases are, first, the statutory requirements which relate to the abandonment and the adoptability of a legitimate child and, second, the statutory requirements which determine the jurisdiction of the Social Welfare Court with respect to the child's custody. The statutory conditions relative to the abandonment of the child during one year by the father could not be met because the father had been refused custody of the child which he had sought before the expiration of the required period of time. Moreover, there is the question whether the Social Welfare Court was competent to pass on the matter since the child was not adoptable and therefore had been irregularly placed.
26
Bezpalova, O. I. "Ensuring the citizens’ rights as a priority area of police activity in Ukraine (on the example of the information subsystem "CUSTODY RECORDS" functioning)." Law and Safety 82, no. 3 (September 29, 2021): 29–37. http://dx.doi.org/10.32631/pb.2021.3.03.
Анотація:
The current stage of police bodies’ activity to ensure the rights and freedoms of citizens has been described. It is emphasized that, given the current stage of updating approaches to the organization of police bodies and units, it is important to ensure the observance of citizens' rights in police activities, to prevent illegal actions either by both police officers or toward police officers.
It is established that the main purpose of the information subsystem "CUSTODY RECORDS" is to create conditions for the implementation of internationally recognized standards for the protection of the rights of detainees. On the example of the functioning of the information subsystem "CUSTODY RECORDS" the peculiarities of ensuring the observance of citizens' rights in the activities of police officers, prevention of illegal actions either by both police officers or toward police officers have been analyzed. Features of the information subsystem "CUSTODY RECORDS" have been revealed.
It is established that the introduction of the information subsystem "CUSTODY RECORDS" has highlighted the need for quality training of police officers responsible for detainees in the police department and respect for human rights. As a result of the description of the process of training human rights inspectors, which consists of three blocks, it has been concluded that during such training the main attention is paid to studying the algorithms of police actions to prevent violations of human rights and freedoms during his stay in the police station. detentions, torture and psychological pressure on police detainees, prevention of suicide and self-harm.
Proposals for amendments to regulations the provisions of which govern the activities of patrol police, inspectors on duty, investigators, in terms of determining the scope of their powers to work with the information subsystem "CUSTODY RECORDS" are formulated. It is emphasized the importance of enshrining at the legislative level the procedures for data protection contained in the information subsystem "CUSTODY RECORDS", and the introduction of a system of control over the processes of data collection and storage.
27
SIVOVA, ANNA A. "Handcuffing of Persons to be Escorted: Foreign Experience." Vedomosti (Knowledge) of the Penal System 230, no. 7 (2021): 22–31. http://dx.doi.org/10.51522/2307-0382-2021-230-7-22-31.
Анотація:
Based on the case law of the European Court for Human Rights, the problem of the use of handcuffs and other means of restraining the mobility during escorting in relation to persons in custody, this issue is relevant both for the penitentiary systems of foreign states and of the Russian Federation. The purpose of this paper is to study and analyze the experience of foreign countries, as well as to consider the norms of national legislation on the issue under consideration. For the most effective research, empirical methods were used – description with recording of information, observation, comparison, as well as a general scientific method - the method of analysis – in order to study in detail foreign experience in the area of transportation of persons in custody. The study is expected to draw the attention of penitentiary scholars and practitioners to the need for revising the standards of prisoners’ transportation. Analysis of foreign experience in the use of handcuffs when escorting persons in custody, as well as the norms of international law, national legislation, departmental regulations, suggests the possibility of making appropriate changes to the Law of the Russian Federation «On institutions and bodies executing criminal punishments in the form of deprivation of freedom» from 21.07.1993 No. 5473-1, detailing the conditions for the use of means of restraining the mobility when escorting on foot, assigning the officers of the penal system with the authority to use special means when carrying out the tasks of escorting convicts and persons in custody outside protected areas near crowded places and in conditions of limited visibility. It also seems appropriate to regulate that if the use of such means is absolutely necessary, it should be carried out in such a way as to minimize any risk of harm to the prisoner. The conclusions made in the course of the study indicate to the possibility of coming up with a legislative initiative detailing the conditions for the use of means restraining the mobility when escorting on foot. Key words: penitentiary system, means of restraint of mobility, escort, international law, national legislation.
28
Kelly, Nichole. "The Devil’s Playground: A Case Study of Elgin-Middlesex Detention Centre (EMDC) Demonstrating the System Failings of the Ontario Corrections Regime." Manitoba Law Journal 44, no. 5 (January 13, 2022): 60–95. http://dx.doi.org/10.29173/mlj1292.
Анотація:
Despite numerous calls to action from news outlets, prison activists, and incarcerated individuals themselves, the Ontario corrections regime continues to operate in an unlawful and inhumane manner. The last decade has seen the publication of several prison reform recommendations that are yet to be meaningfully implemented. This paper spotlights four serious issues that plague Ontario correctional institutions through the lens of one of the worst: Elgin-Middlesex Detention Centre. Through its discussion of death in custody, drugs in custody, inhumane conditions, and understaffing, this paper seeks to highlight the profound gap between our democratic aspirations and the lived reality of working and living in Ontario jails. This case study urges us to finally take action and implement the roadmap for reform that has already been provided.
29
Owen, Richard. "Gathering the Excluded Voice: The TXT Inside/TXT Outside Project." International Journal of Clinical Legal Education 21, no. 1 (July 7, 2014): 5. http://dx.doi.org/10.19164/ijcle.v21i1.12.
Анотація:
The TXT Inside/TXT Outside Project was an interdisciplinary community legal education project. It was a collaboration between a legal academic, computing and social scientists, and a conceptual artist. The project involved young offenders held under secure conditions in a Young Offender Institution using text art to reflect on their experiences of law, life and the legal system. The aim of the project was to engage the young offenders and the general public in a discussion about the treatment of young offenders using narrative techniques. The voices of young people held in custody (Inside) were ‘gathered’ and ‘released’, to be seen, heard and responded to by the public at large (Outside). The focal point of the action was a ‘stage event’ in the centre of Cardiff, where the text messages of a small group of young people in custody were displayed on a large screen, with the public being invited to respond by texting their own messages. A documentary film from the event, which included the projections and interviews with the public, was subsequently shown to and discussed with participating young people in custody.
30
Mynko, О. "CURRENT ISSUES REGARDING THE PROSPECTS OF CONDUCTING SOME SPECIAL ACTIVITIES WITH PRISONERS OF WAR OF THE RUSSIAN FEDERATION." Scientific journal of the National Academy of National Guard "Honor and Law" 2, no. 85 (2023): 30–35. http://dx.doi.org/10.33405/2078-7480/2023/2/85/282529.
Анотація:
The conditions of detention of prisoners of war who are the citizens of the Russian Federation and are held in the institutions of the State Penitentiary Service of Ukraine have been analyzed. The typical character of the behavior of servicemen of the Armed Forces of the Russian Federation from the moment they were captured was considered. Examples of the use of servicemen of the Russian Federation after returning from custody (exchange) in the interests of enemy's propaganda and re-engagement in hostilities on the territory of Ukraine are given. The prospects for the emergence of protest movements within the Russian Federation are considered in view of the examples of the past and the realities of the present. A number of special activities, which are expedient to carry out with prisoners of war of the Russian Federation during their custody in places of detention on the territory of Ukraine, are proposed for consideration. Historical, legal, information-propaganda, religious, social, political, and intelligence-recruitment activities are appropriate to be considered such measures. Prospective results of the proposed special activities with prisoners of war and their possible consequences after return from custody (exchange) are considered.
31
Zainuddin, Faiz, and Ali Burhan. "Perspektif Hukum Islam terhadap Tanggungjawab (Hadhanah) kepada Anak ketika Orang Tua Bercerai." Al-Adillah: Jurnal Hukum Islam 3, no. 1 (January 25, 2023): 44–51. http://dx.doi.org/10.61595/aladillah.v3i1.488.
Анотація:
There are many things that a husband and wife should ask when deciding to divorce. Apart from arbitrary assets, another thing that must be considered is the distribution of child custody in a divorce. by both parents may not harm the fulfillment of children's rights which are also regulated by the state through the child custody law through Law Number 23 of 2002 concerning Child Protection. In the General Provisions Article 1 point 11 it is explained that parenting is the power of parents to raise, educate, nurture, care for, protect and develop children according to religion and their abilities, talents and interests. According to Article 41 of Law Number 1 of 1974 concerning Marriage, a husband and wife are still obliged to look after and educate their children for the benefit of the child itself. Divorce also does not eliminate the father's obligation to be responsible for all the upbringing and education that children need. However, the court may decide that the mother also demands it under certain conditions. The court also has the right to determine which child custody rights should be given to the mother or father, especially if there are household rights.
32
MOHAMME, Um Kalthum Sabeeh, and Saja Hazim MAHMOOD. "CHILD CUSTODY: A RIGHT OR A DUTY (A STUDY OF AN APPROACH TO AMEND ARTICLE 57 OF THE IRAQI PERSONAL STATUS LAW)." RIMAK International Journal of Humanities and Social Sciences 04, no. 01 (January 1, 2022): 473–87. http://dx.doi.org/10.47832/2717-8293.15.34.
Анотація:
The current century has witnessed a revolution in different fields which required some legal rules to be reformulated to adapt with the volume of challenges imposed by the contemporary life on marriage life in general, on the children, which are the most important thing that may result from marriage, and on the importance of caring for their needs. As God has divided the parents’ duties in caring for their children throughout the stages of their liv.es. He laid upon the mother the responsibility of caring for children starting from pregnancy, delivery, breastfeeding until infancy. While He, especially, assigned the father the responsibility of what comes after. But sometimes a child may lose one or both parents; and here the question arises about who shall take custody and what is the period required to satisfy that right. Article (57) of Personal Status Law No. (188) for the year 1959 has answered this question with its nine clauses and confirmed the necessity of caring for the child’s best interest and prioritizing it over the parents’ rights. However, the Iraqi Parliament has adopted an amendment of this Article in its latest proposals under the pretext of being in line with changes of everyday life with the assurance of applying the spirit of Islamic Law. It discussed the transmission of the child’s custody from the mother to the father after the age of seven in opposition to the current law that grants the mother this right until the child turns fifteen years of age; it also stipulated that the mother shall not get married in order to attain custody over the child which is regarded as a Statutory Offence represented in forcing the mother not to get married during which she holds custody over the child. Meanwhile, it did not stipulate over the father abstinence from marriage in order to attain custody over his children. The amendments have also showcased the entitlement of the grandfather’s right in custody rather than the mother in case the father died or didn’t fulfill the conditions of custody. By doing so, the rule would deprive the mother from her child upon turning seven years of age without attention being paid to the subsequential feeling of instability such decision causes to the child. The parliament should have tried to balance between the child’s right of maternal tenderness or paternal security. This is the aim of our research which will shed light on this subject in two scopes, the first of which focuses on educating the people of the right of custody and its period, and the second of which is dedicated to discussion of amendments and making proper recommendation.
33
Schriro, Dora. "On the Other Side of the Looking Glass: COVID-19 Care in Immigration Detention." Social Sciences 10, no. 10 (September 23, 2021): 353. http://dx.doi.org/10.3390/socsci10100353.
Анотація:
Immigration Detention is a patchwork of public and private correctional facilities overseen by ICE, a federal enforcement agency. In June 2021, ICE detained 16,460 adults in 121 facilities in 38 states, frequently alongside pretrial and sentenced inmates and U.S. Marshals Service prisoners, under varying conditions ICE established with five different sets of detention standards, all of them based on corrections case law and in effect today. Detainees have not fared well in ICE’s custody, especially during the pandemic. In CY2020, ICE processed 137,749 detainees, tested only 80,200 for COVID-19 (58%), and recorded 8622 positive cases (11%) at over 100 facilities. Most testing positive for COVID-19—7687 (89%)—contracted the virus in ICE custody, including eight detainees who died. An additional 14,728 detainees (18%) had one or more conditions placing them at high risk for severe illness due to COVID-19 of which ICE only released 5801 (39%). This paper utilizes ICE data and documents on government websites to evaluate ICE’s approach to detention management and explore its impact on conditions of detention and how it impeded its readiness and response to the pandemic. It concludes with recommendations that ICE decrease reliance on detention and decriminalize its policies and practices.
34
Frings, C. S., D. J. Battaglia, and R. M. White. "Status of drugs-of-abuse testing in urine under blind conditions: an AACC study." Clinical Chemistry 35, no. 5 (May 1, 1989): 891–94. http://dx.doi.org/10.1093/clinchem/35.5.891.
Анотація:
Abstract We report results of a blind study designed to determine the accuracy of drugs-of-abuse testing in urine as done in 31 laboratories across the United States. The drugs studied were amphetamines, cannabinoids, cocaine, opiates, and phencyclidine. These laboratories confirmed all positive drug results with a different analytical method. Ten urine samples were sent to each laboratory, which resulted in 1486 trials. There were no false-positive results. The overall accuracy rate was 97%. Our study demonstrates that urine drug testing can be accurate when performed by qualified staff, using up-to-date screening and confirmation methods, appropriate quality-assurance measures, and a chain of custody.
35
Montes-Maldonado, Cecilia. "Cuidados como categoría de análisis y orientación de las medidas socioeducativas para adolescentes en Uruguay (Care as an analysis category and orientation about socio-educational measures for adolescents in Uruguay)." Oñati Socio-legal Series 10, no. 2 (April 1, 2020): 363–87. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1084.
Анотація:
El artículo aborda el problema de las medidas socioeducativas privativas de libertad destinadas a adolescentes en su tránsito por el Sistema Penal Juvenil Uruguayo. El objetivo es visibilizar cómo se compone de la ética del cuidado de agentes a cargo de la custodia de adolescentes. La investigación es de enfoque cualitativo y desarrolla un estudio de caso, único, descriptivo y en profundidad. Con enfoque etnográfico, desarrolla técnicas de entrevistas en profundidad, observación y análisis de documentos. En los resultados se pone de manifiesto el funcionamiento de la privación de libertad a través del análisis de tres elementos clave en las interacciones cotidianas en la institución: las vivencias de agentes a cargo de la custodia de adolescentes, sus interpretaciones y definiciones sobre las medidas socioeducativas y la población adolescente. Se concluye en la importancia de orientar la ejecución de las medidas socioeducativas desde el enfoque de los cuidados para mejorar las condiciones de la población adolescente en el sistema. The article addresses the issue of socio-educational confinement measures for adolescents in the path through the Uruguayan Juvenile Penal System. The aim is to highlight how the ethics of the care of agents in charge of the custody of adolescents is composed. The research is qualitative and develops a unique, descriptive and in-depth case study. From an ethnographic approach, it develops techniques of in-depth interviews, observation, and analysis of documents. The results show the functioning of the confinement measures through the analysis of three key elements of the institution’s daily interactions: the experiences of the agents in charge of the custody of adolescents, their interpretations and definitions on socio-educational measures and the adolescent population. It concludes on the importance of guiding the implementation of socio-educational measures from the care approach to improve the adolescent’s conditions in the system.
36
Nielssen, Olav, Natalia YL Yee, Kimberlie Dean, and Matthew Large. "Outcome of serious violent offenders with psychotic illness and cognitive disorder dealt with by the New South Wales criminal justice system." Australian & New Zealand Journal of Psychiatry 53, no. 5 (May 13, 2018): 441–46. http://dx.doi.org/10.1177/0004867418771751.
Анотація:
Background: The few studies of the recidivism by people with psychotic illness and cognitive disorder who are convicted of serious violent offences and sentenced by the courts. Method: Re-imprisonment data were obtained for 661 individuals convicted of serious non-lethal violent offences in the District Courts of New South Wales in the years 2006 and 2007. Rates of re-imprisonment of offenders known to psychotic illness or cognitive disorder (intellectual disability or acquired brain injury) was compared to those not known to have those conditions. A survival analysis was performed controlling for the effects of male sex, having a report by a mental health professional at the initial sentencing and receiving a custodial sentence for the initial offence. Results: There was no significant difference in the overall likelihood of further imprisonment between those with psychotic disorder (53.7%), those with cognitive disorder (50.7%) or among those with neither condition (45.2%; χ2 = 2.22, p = 0.33). A Kaplan–Meier analysis found that people with a psychotic disorder were returned to custody earlier than those not known to have psychosis ( p = 0.002). People with psychosis spent a non-significantly greater time in custody (mean 477 days) than those with a cognitive disorder (mean 334 days) or among those with neither condition (mean 348 days) (Mann–Whitney Z-score = 1.5, η2 = 0.003, p value = 0.13). For the entire sample of 661 offenders, those who received non-custodial sentences for their initial offences had a lower likelihood of spending any time in custody in the follow-up period. Conclusion: The likelihood of returning to custody of sentenced violent offenders with psychotic illness or cognitive disorder is higher than that of released forensic patients in New South Wales followed up for a similar period. The results suggest an opportunity to improve the outcome of offenders with psychosis by better treatment and rehabilitation.
37
Raychaudhuri, Kumarshankar, M. George Christopher, and Nayeem Abbas Hamdani. "Comparative Study and Analysis on Integrity of Data Files Using Different Tools and Techniques." Journal of Information Security and Cybercrimes Research 4, no. 1 (June 1, 2021): 43–54. http://dx.doi.org/10.26735/symq8715.
Анотація:
Digital forensic investigation is the scientific process of collection, preservation, examination, analysis, documentation and presentation of digital evidence from digital devices, so that the evidence is in compliance with legal terms and acceptable in a court of law. Integrity of the digital evidence is an indispensable part of the investigation process and should be preserved to maintain the chain of custody. This is done through hashing technique using standardized forensic tools. However, while handling the evidences , lack of knowledge might lead to unintentional alteration of computed hash. This violates the chain of custody and makes the evidence inadmissible in a court of law. In this paper, our objective is to determine the different conditions under which the original hash value of a digital evidence changes. For this, we create different scenarios using sample data files and compute their hash values. A comparative study and analysis are done to determine in which scenario the original hash value of the data file changes. The results of the research will prove useful and essential for Criminal Justice Functionaries in gaining knowledge about various conditions leading to the change in hash value of digital evidence and therefore, avoid its accidental alteration during forensic investigation/examination.
38
Cheliotis, Leonidas K. "Suffering at the hands of the state: Conditions of imprisonment and prisoner health in contemporary Greece." European Journal of Criminology 9, no. 1 (January 2012): 3–22. http://dx.doi.org/10.1177/1477370811421643.
Анотація:
With imprisonment rates rising in a large number of jurisdictions worldwide, ever more research attention has been paid to conditions of imprisonment and prisoner health. With a view to contributing to the emerging body of literature, this article offers a systematic summary of key findings from Greece. Prison establishments in this country are vastly overcrowded and material conditions of detainment are deplorable. Healthcare provision in prison is minimal and the prevalence of serious transmittable diseases and mental disorders amongst prisoner populations is high, as are the rates of deliberate self-harm, suicide and death more generally. Prisoner use of prescribed and illicit drugs is alarmingly common, especially as regards injection drugs, and drug overdose appears to account for the majority of deaths in custody.
39
Solanki, A., S. Dutta, S. Goel, and P. Sharma. "Study of Natural Deaths in Custody at Tertiary Care Hospital in Rajasthan." Journal of Indian Academy of Forensic Medicine 45, no. 2 (2023): 116–20. http://dx.doi.org/10.48165/jiafm.2023.45.2.4.
Анотація:
As death is final outcome of life, it is inevitable in prisoners too. Pattern of deaths can reveal living conditions and practices in a population. This study was conducted to observe the pattern of natural deaths among prisoners autopsied at a tertiary care hospital in Jaipur during April 2017 to March 2018. During this period 16 cases of alleged natural deaths in custody were autopsied comprising of 15 males and 1 female. The natural deaths were almost evenly distributed in all age groups. Carcinoma was leading cause of death in (37.5%) cases, followed by cardio-vascular causes in (25%) cases, intracranial hemorrhage in (12.5%) cases, septicaemia in (12.5%) cases, tuberculosis associated with HIV in (6.25%) case and Pneumonia associated with Parkinsonism in (6.25%) cases. All (100%) of the natural deaths received medical attention prior to death and died in hospital. Injuries were present in 5 cases (31.25%) but were not attributed to causing deaths.
40
Tumanyants, Anush Robertivna, та Iryna Oleksandrivna Krytska. "Проблеми застосування запобіжного заходу у вигляді тримання під вартою щодо осіб, які мають вади зору". Copernicus Political and Legal Studies 1, № 3 (2022): 71–81. http://dx.doi.org/10.15804/cpls.20223.09.
Анотація:
The use of preventive measures such as detention enforcement is due to the restriction of fundamental rights. Particularly noteworthy is the issue of the feasibility of choosing this preventive measure for people with vision impairment. The aim of the research is determining the system of general standards of detention of persons with physical disabilities (in particular, visually impaired). The empirical base of the research is the national legislation of Ukraine, international acts, decisions of the European Court of Human Rights, data of the Integrated State Register of Court Decisions. The methodological basis is a set of general and special scientific methods, in particular, formal-legal (legal- technical) method of research, hermeneutical method, statistical method, system-structural method. On the basis of the research, taking into account the legal position of the ECtHR, the authors propose to distinguish the general standards of detention of persons with physical disabilities (in particular, visually impaired), such as: (1) detention should be reasonable in time; (2) it should not lead to health deterioration (compared to the natural course of the disease); (3) the prisoner should be provided with adequate medical care at an appropriate level; (4) the physical condition of the person in custody should not make him or her dependent on other persons being held with him or her in custody; (5) the conditions in which the person is remanded in custody must be appropriate to the physical condition of the person and cannot be considered separately from the person’s disability; (6) constant more intense surveillance should be provided to prevent any deterioration in health than might be the case if the person were not imprisoned; (7) if there is an appropriate medical finding that a person is not in custody, he or she should be considered by a competent subject for a possible change in the measure of detention or place of detention. The authors pointed out some shortcomings in the legislation and the law enforcement practice of this issue.
41
Ferreira, Carolina Costa. "Audiências de custódia: instituto de descarcerização ou de reafirmação de estereótipos? | Custody hearings: institute of downcarcerization or reaffirmation of stereotypes?" Revista Justiça do Direito 31, no. 2 (September 6, 2017): 279. http://dx.doi.org/10.5335/rjd.v31i2.7153.
Анотація:
Resumo: A audiência de custódia é um procedimento penal instituído no Brasil recentemente, por meio de decisão do Supremo Tribunal Federal na Medida Cautelar na Arguição de Descumprimento de Preceito Fundamental (ADPF) nº 347, em setembro de 2015. Trata-se do momento processual no qual a pessoa presa em flagrante é apresentada a uma autoridade judicial, para que esta possa ouvi-la sobre as condições de sua prisão (regularidade do flagrante e informações sobre eventuais abusos praticados por policiais), além de decidir sobre a necessidade ou não da conversão da prisão em flagrante em prisão preventiva. O presente trabalho pretende analisar a implantação das audiências de custódia no Distrito Federal, verificando sua aplicação, em um momento em que se observa um aumento do recrudescimento penal e da cultura punitiva, como instituto de descarcerização ou de reafirmação de estereótipos. O trabalho também apresenta parte de resultados inéditos de uma pesquisa etnográfica das audiências de custódia no Distrito Federal, realizada entre os meses de janeiro e março de 2016, com a análise da interação dos atores do sistema de justiça criminal durante a realização dos atos processuais. Este texto aponta os resultados da pesquisa referentes aos discursos utilizados pelos magistrados e pelos promotores de justiça e seus poderes para reafirmar estereótipos aplicados às pessoas presas.
Palavras-chave: Audiências de Custódia. Discursos judiciais. Seletividade. Sistema de Justiça Criminal.
Abstract: A custody hearing is a criminal proceeding recently instituted in Brazil, through a decision of the Supreme Federal Court in the Precautionary Measure in the process of Argument on Basic Precept Violation (ADPF) nº. 347, in September 2015. This is a procedural moment in which the person arrested in flagrant is presented to a judicial authority, so that it can hear it on how conditions of its arrest, besides deciding on a necessity or not of the conversion of the prison in flagrante in custody prison. Based on that, the present work analyzes the implantation of the custody hearings in the Federal District, verifying its application, at a time when there is an increase in criminal recrudescence and punitive culture, as an institute of downcarcerization or of reaffirmation of stereotypes. The paper also presents some of the unpublished results of an ethnographic survey of custody hearings in the Federal District, conducted between January and March 2016, with the analysis of the interaction of the actors of the criminal justice system during the performance of the procedural acts. This text points out the results of the research concerning speeches, magistrates and prosecutors and their powers to reaffirm stereotypes applied to prisoners.
Keywords: Criminal Justice System. Custody Hearings. Judiciais speeches. Selectivity.
42
Okoka, Happiness, and Jabulani Gilford Kheswa. "False confessions among suspects in police custody: Implications of anxiety and perceived stress." Nurture 18, no. 2 (February 14, 2024): 277–87. http://dx.doi.org/10.55951/nurture.v18i2.609.
Анотація:
Purpose: The purpose of the study was to examine the effect of anxiety and stress on false confessions among police suspects in custody.
Design/Methodology/Approach: The study adopted an ex post facto design. Participants were one hundred and nine (N 109) suspects in custody at the State Criminal Investigation Department of Kaduna State Police Command, Kaduna State, Nigeria. The present study included three measurement tools to assess different constructs: The Gudjonsson Confession Questionnaire-Revised (GCQ-R) was utilized to evaluate false confession, the State-Trait Anxiety Inventory (STAI) was employed to assess anxiety levels, and the Perceived Stress Scale (PSS) was utilized to measure perceived stress.
Findings: Results revealed that state anxiety positively predicted false confession (β =0.191, p < 0.05), whereas trait anxiety has no significant effect on false confession (β=- 0.050, p > 0.05), while perceived stress positively predicted false confession (β =0.273, p < 0.05).
Conclusion: The study concluded that state anxiety and perceived stress contribute to a suspect’s predisposition to make a false confession. It was recommended that police officers be more cognizant of when and under what conditions they use interrogation methods in view of the level of anxiety and stress the suspect might be in.
43
Hoffmann, Peter. "Peace through Coup d'État: The Foreign Contacts of the German Resistance 1933–1944." Central European History 19, no. 1 (March 1986): 3–44. http://dx.doi.org/10.1017/s0008938900019129.
Анотація:
A history, both comprehensive and detailed, of the foreign contacts of the German Resistance does not yet exist. The subject is vast, and many sources are not yet accessible, notably those in the custody of intelligence agencies, and also those relating to contacts between the German Communist underground and foreign authorities or individuals. This paper will, firstly, consider some conditions and circumstances of foreign contacts sought and established by the German Resistance; secondly, survey some of those contacts; and, thirdly, attempt to draw some conclusions.
44
Ijaiya, Hakeem, and Hakeemat Ijaiya. "Child Custody (Hadanah) in Islamic Family Law: An Anatomy of Women's Right in Nigeria and Malaysia." ICR Journal 9, no. 1 (September 22, 2020): 66–75. http://dx.doi.org/10.52282/icr.v9i1.138.
Анотація:
The Quran, the Hadith and the Shari’ah recognise the rights of women to custody of their children when they are no longer with their husband, provided they do not remarry. This right is known as hadanah. The study examines the conditions for the award of hadanah in Nigeria and Malaysia with a view to determining whether its practice is in conformity with the Islamic injunctions. The qualitative approach is used. The qualitative approach includes content, deductive, and inductive analysis as well as comparative method. The references used in this study are the primary and secondary sources. Both materials are analysed accordingly to get the information related to this study. The paper found that women in Nigeria and Malaysia are subjected to ill treatment due to misconceptions about hadanah as an Islamic practice. The study found that women are disadvantaged when securing divorce and custody of their children. The paper concludes that the practice of hadanah in both countries contravenes the constitutional provisions on gender equality. The study recommends that legislative measures be put in place in Nigeria and Malaysia to address the pitfalls of gender-bias.
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Kang'Ethe, Mitchelle. "Insanity of Kenya’s ‘Guilty but Insane’ Verdict." Strathmore Law Review 6, no. 1 (September 1, 2021): 13–40. http://dx.doi.org/10.52907/slr.v6i1.162.
Анотація:
A person may be insane while committing an unlawful act, leading them to raise the defence of insanity in court. This defence argues that the person’s illness prevented them from having the criminal intent needed to satisfy the mens rea requirement for criminal responsibility. The successful establishment of this defence in Kenya leads to the court issuing a special verdict of ‘guilty but insane’ (GBI). This verdict sees that the defendant is incarcerated in a place of safe custody where they can be treated for the illness that contributed to their commission of the offence. While isolation and treatment of the defendant form the primary aims of the verdict, this paper demonstrates that they are barely achieved in Kenya. This is because the conditions crucial to the verdict’s implementation–medication and therapy, a place of custody and the presence of psychiatrists–are wanting in the country. After examining the institutional barriers to the realisation of the verdict’s objectives, the paper studies various responses to these challenges by Kenya and Ghana. It finds solutions that promote the realisation of the verdict’s aims such as the provision of educational opportunities in forensic psychiatry.
46
Martynowicz, Agnieszka. "Oversight of Prison Conditions and Investigations of Deaths in Custody: International Human Rights Standards and the Practice in Ireland." Prison Journal 91, no. 1 (December 22, 2010): 81–102. http://dx.doi.org/10.1177/0032885510389562.
47
Гладкова, Е., E. Gladkova, Алла Павлушина, Alla Pavlushina, А. Шлиньков, and A. Shlinkov. "Legal Standards — principles of law in the pilot judgment of the European Court concerning penitentiary security." Advances in Law Studies 1, no. 1 (May 23, 2013): 0. http://dx.doi.org/10.12737/403.
Анотація:
In article questions on ensuring physical wellbeing of persons in custody in the Russian penal system are taken up. Resolutions of the European Court on affairs «Ananyev and others against Russia», «Arutyunyan against Russia», «Sakhvadze against Russia» and «Vladimir Vasilyev against Russia», concerning conditions of the maintenance of prisoners are considered. The article contains the analysis of practice of the European Court concerning Russia, reveals a system problem in a law and order of the concrete country, at the bottom of mass human rights violations, lists actions of the Russian authorities for a solution of the problem of an overcrowping and bad conditions of the contents in a pre-trial detention center, and also European Court countermeasures on court unloading from the same complaints.
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Oslon, V. N., G. V. Semya, and E. A. Zinchenko. "Model of Vocational Training for Employees of Guardianship and Custody Bodies in Relation to Minors in Specialized Master' Degree Programme." Psychology and Law 9, no. 3 (2019): 112–26. http://dx.doi.org/10.17759/psylaw.2019090309.
Анотація:
The article describes the experience of the Moscow State University of Psychology and Education in the development and implementation of an innovative model for the professional training of specialists working in guardianship and custody bodies of minors in the conditions of specialized master's degree programme within the framework of psychological and pedagogical course. It is shown that this training course meets the requirements for the knowledge and abilities of specialists in performing labor functions, fixed in the professional standard of a specialist of guardianship and custody bodies (hereinafter referred to as PLO) [14]. The purpose of the training is to prepare a highly qualified specialist - the leader of change - ready to make effective and reasonable decisions, able to adapt the functioning of the PLO to dynamically changing environment. The article provides an overview of modern research in the development of a master's system in the Russian Federation. The methodological approaches to the development of the model are substantiated: “activity-based”, “competency-based” and “personality-oriented”, which allow combining a practice-oriented and research paradigms. It is shown how, in the context of the delivery of the educational program, masters develop these competencies. The structure and content of the master's program are described.
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Jezierski, Kamil, and Maria Kujawa. "Keeping both parents’ bond with their child in separation situation – considerations in the context of forensic-psychological diagnosis." Educational Psychology 62, no. 20 (June 30, 2021): 57–74. http://dx.doi.org/10.5604/01.3001.0015.3822.
Анотація:
The article undertakes the topic of psychological diagnosis in a situation of joint custody from the forensic psychologist’s perspective. The authors underline the necessity of deep psychological analysis of the issue in order to answer the question of how separating parents can create the best possible conditions of care for their child and how to minimize the stress inevitably accompanying all family members in such a situation. Parenting model in which both parents are similarly engaged in upbringing process and the child lives at both parents’ places is discussed. The authors summarize benefits and disadvantages of parenting with the so-called ‘leading parent’ and joint custody trying to show the importance of organization of the parenting that first of all minimizes the unavoidable stress of the child in the situation of separation and protects existing bonds. It was proposed that the process of psychological diagnosis for legal purposes should not focus on which parent has higher level of ‘parental competence’, but should consider which specific situation may be the most beneficial for the child, bearing in mind the priority given to fostering attachment. This implies the need to change parents’, lawyers’ and psychologists’ way of thinking. For forensic psychologists, the proposed perspective may even require a reorganization of diagnostic process.
50
Wright, Danaya C. "On Judicial Agency and the Best Interests Test." Law and History Review 17, no. 2 (1999): 319–24. http://dx.doi.org/10.2307/744015.
Анотація:
I am grateful to Eileen Spring and Michael Grossberg for their thoughtful comments on a study that has occupied my life for the past five years, and which has finally been produced in a more detailed form as my dissertation. Unfortunately, many of their comments point to gaps, in the best interests standard and comparisons with U.S. law for instance, that are taken up in the longer study. But if I could put my entire dissertation into a single sentence, it would be that a history of English custody law reveals profoundly different commitments on the part of judges to protecting mother's rights and to recognizing some form of a best interests test as social conditions changed, and that the patriarchal moorings of custody law remain with us today as we try to solve the deeply problematic issues raised for a legal system that still pits parental rights against children's welfare. Grossberg and Spring both point to the issue of judicial agency that I grapple with in my article and I will briefly address a few points on that topic. Then, rather than address their comments individually, I would prefer to suggest some of the conclusions I draw in the larger study and make connections to what is presented here.