principles of european prison law and policy penology and human rights

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Principles Of European Prison Law And Policy

Author : Dirk van Zyl Smit
ISBN : 9780191018824
Genre : Law
File Size : 28. 91 MB
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In recent years European prison law and policy have emerged as a force to be reckoned with. This book explores its development and analyses the penological and human rights foundations on which it is based. It examines the findings of the European Committee for the Prevention of Torture, the recommendations of the Council of Europe, and the judgments of the European Court of Human Rights. From these sources it makes the general principles that underlie European prison law and policy explicit, emphasising the principle of using imprisonment as a last resort and the recognition of prisoners' rights. The book then moves on to apply these principles to conditions of imprisonment, regimes in prison, contacts between prisoners and the outside world, and the maintenance of good order in prisons. The final chapter of the book considers how European prison law and policy could best be advanced in future. The authors argue that the European Court of Human Rights should adopt a more proactive approach to ensuring that imprisonment is used only as a last resort, and that a more radical interpretation of the existing provisions of the European Convention on Human Rights will allow it to do so. It concludes that the growing cooperation on prison matters within Europe bodes well for the increased recognition of prisoners' rights across Europe. In spite of some countervailing voices, Europe should increasingly be able to give an international lead in a human rights approach to prison law and policy in the same way it has done with the abolition of the death penalty.

Prisoners Rights

Author : Susan Easton
ISBN : 9781136817052
Genre : Social Science
File Size : 42. 49 MB
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Prisoners’ Rights: Principles and Practice considers prisoners’ rights from socio-legal and philosophical perspectives, and assesses the advantages and problems of a rights-based approach to imprisonment. At a time of record levels of imprisonment and projected future expansion of the prison population, this work is timely. The discussion in this book is not confined to a formal legal analysis, although it does include discussion of the developing jurisprudence on prisoners’ rights. It offers a socio-legal rather than a purely black letter approach, and focuses on the experience of imprisonment. It draws on perspectives from a range of disciplines to illuminate how prisoners’ rights operate in practice. The text also contributes to debates on imprisonment and citizenship, the treatment of women prisoners, and social exclusion. This book will be of interest to both undergraduate and postgraduate students of penology and criminal justice, as well as professionals working within the penal system.

Mass Incarceration On Trial

Author : Jonathan Simon
ISBN : 9781595587923
Genre : Law
File Size : 47. 50 MB
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For nearly forty years the United States has been gripped by policies that have placed more than 2.5 million Americans in jails and prisons designed to hold a fraction of that number of inmates. Our prisons are not only vast and overcrowded, they are degrading—relying on racist gangs, lockdowns, and Supermax-style segregation units to maintain a tenuous order. Mass Incarceration on Trial examines a series of landmark decisions about prison conditions—culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court—that has opened an unexpected escape route from this trap of “tough on crime” politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. Simon argues that much like the school segregation cases of the last century, these new cases represent a major breakthrough in jurisprudence—moving us from a hollowed-out vision of civil rights to the threshold of human rights and giving court backing for the argument that, because the conditions it creates are fundamentally cruel and unusual, mass incarceration is inherently unconstitutional. Since the publication of Michelle Alexander’s The New Jim Crow, states around the country have begun to question the fundamental fairness of our criminal justice system. This book offers a provocative and brilliant reading to the end of mass incarceration.

The Local Relevance Of Human Rights

Author : Koen De Feyter
ISBN : 9781139501552
Genre : Political Science
File Size : 67. 65 MB
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Do human rights offer real protection when disadvantaged groups invoke them at the local level in an attempt to improve their living conditions? If so, how can we make sure that the experiences of those invoking human rights at the local level have an impact on the further development of human rights (at national and other levels) so that the local relevance of human rights increases? Since the adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948, numerous international documents have reaffirmed human rights as global norms. This book examines what factors determine whether appeals to human rights that emanate from the local level are successful, and whether the UDHR adequately responds to threats as currently defined by relevant groups or whether a revision of some of the ideas included in the UDHR is needed in order to increase its contemporary relevance.

Ill Equipped

Author : Sasha Abramsky
ISBN : 1564322904
Genre : Criminal justice, Administration of
File Size : 87. 5 MB
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Recommendations -- Background -- Who are the mentally ill in prison? -- Mental illness and women prisoners -- Systems in transition -- Difficulties mentally ill prisoners face coping in prison -- Inadequate responses and abuses by correctional staff -- Inadequate mental health treatment in prisons -- Insufficient provision of specialized facilities for seriously ill prisoners -- Case study: Alabama, a system in crisis -- Mentally ill prisoners and segregation -- Suicide and self-mutilation -- Failure to provide discharge services -- Legal standards.

Immigration Detention And Human Rights

Author : Galina Cornelisse
ISBN : 9789004173705
Genre : Law
File Size : 59. 59 MB
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Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

Handbook On Prisons

Author : Yvonne Jewkes
ISBN : 9781317754558
Genre : Social Science
File Size : 49. 91 MB
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The second edition of the Handbook on Prisons provides a completely revised and updated collection of essays on a wide range of topics concerning prisons and imprisonment. Bringing together three of the leading prison scholars in the UK as editors, this new volume builds on the success of the first edition and reveals the range and depth of prison scholarship around the world. The Handbook contains chapters written not only by those who have established and developed prison research, but also features contributions from ex-prisoners, prison governors and ex-governors, prison inspectors and others who have worked with prisoners in a wide range of professional capacities. This second edition includes several completely new chapters on topics as diverse as prison design, technology in prisons, the high security estate, therapeutic communities, prisons and desistance, supermax and solitary confinement, plus a brand new section on international perspectives. The Handbook aims to convey the reality of imprisonment, and to reflect the main issues and debates surrounding prisons and prisoners, while also providing novel ways of thinking about familiar penal problems and enhancing our theoretical understanding of imprisonment. The Handbook on Prisons, Second edition is a key text for students taking courses in prisons, penology, criminal justice, criminology and related subjects, and is also an essential reference for academics and practitioners working in the prison service, or in related agencies, who need up-to-date knowledge of thinking on prisons and imprisonment.

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