This paper discusses the case of Leonard Peltier, who has languished in prison for three decades for murder. It tries to determine if Peltier is a cold-blooded murderer or a down-trodden political prisoner.
Abstract This paper explains that Leonard Peltier is a man who is currently serving two life sentences. Peltier was convicted of the murder of two FBI agents, but has repeatedly asked for parole and been rejected. The author points out that Peltier, who is Native American, insists that his heritage, his anger, and his protest against the white American government are what have caused him to receive two life sentences. The paper concludes that had Peltier only been convicted of this Wounded Knee standoff crime, it could be conceivable that he would have a valid point when it comes to his continued detainment; but he has been convicted of other violent crimes before the murders at Wounded Knee. Therefore, he is not a political prisoner, but rather a common criminal.
Table of Contents
Introduction
Background of the Issue
Argument
Conclusion
From the Paper "The ballistics evidence presented by the government was that Peltier was the only one who was using the type of gun that fired the type of bullets located in the car of the FBI agent. Whether or not he was using that gun has come under fire many times in the past three decades. Peltier and his attorneys continue to argue that he was there, he was involved but he did not pull the trigger of the gun that murdered the two agents. While he accepts some culpability for being involved in the standoff he objects to being convicted of murder, and even more so to spending two life sentences behind bars for a murder he believes he did not commit. As the appeals process was used his attorneys pointed to other cases in which the convict was at the scene but did not pull the trigger. They insist that in those cases the convicts did not have to wait so long for a parole hearing. According to his legal team and those who support his cause, Peltier is not being held this long because he killed someone, he is being held this long to be used as an example to what will happen to others who dare to buck the system of the United States government."
Abstract An examination on how human rights are violated in Russian prisons from the time of interrogation, to pre-trial detainment, to the time of post-trial detainment. Problems include devastating overcrowding, rampant spread of diseases, lack of medical treatment, lack of adequate nutrition and exercise and horrible physical abuse.
From the Paper "Although Russia had made noticeable progress in human rights over the past few years, it must do more to improve prison conditions. Human rights are violated from the time of interrogation, to pre-trial detainment, to the time of post-trial detainment. The immense size of the Russian prison population and the lack of adequate funding from the Russian government lead to all sorts of horrible conditions in prisons. Devastating overcrowding, rampant spread of diseases, lack of medical treatment, lack of adequate nutrition and exercise, and horrible physical abuse are just some of the problems that the Russian government needs to work on."
Tags: abuse, brutality, guard, health, police, prisoner, problems, rights
Abstract This paper examines how institutionalization has historically been the juvenile justice system's primary reaction to at-risk girls. The majority of female juvenile delinquents committed less serious offenses, such as running away and truancy. It discusses how the juvenile justice system concentrated on detaining and committing these status offenders instead of examining what caused their problems and providing community-based services to effectively address them. It points out that young girls are more likely than boys to be incarcerated for status and minor offenses, such as truancy, running away, curfew violations, and petty theft, although the number of detained cases involving girls is growing at a slower rate than the number of court referrals involving girls.
From the Paper "According to Chesney-Lind & Shelden (1992), young women may be acting out as a means of self-protection in response to life-threatening conditions in many cases. Female juvenile delinquency has been reportedly caused by family problems to include sexual and/or physical abuse in the home. A large majority of female juvenile offenders report that their first arrest was for running away from home to avoid physical and sexual abuse. According to Bergsmann (1994), commitment is still a frequently used solution in today's society when no alternatives are available within the community to assist young women in crisis situations. Many programs designed to address the special needs of female delinquents remain inadequate in most states."
A paper which discusses the forced detention of tuberculosis sufferers and the urgency for a solution to be found to the problem of non-compliance with medical protocols.
Abstract The paper shows that most tuberculosis sufferers are homeless or substance abusers and by not complying with medical protocols on TB treatment, they are endangering the general public. The paper questions the right of the State to detain these people by force in an attempt to protect the public, and further outlines a research proposal designed to determine how medical professionals could better work with patients to produce a higher level of compliance with medical protocols for the treatment of tuberculosis.
From the Paper "People often have very good reasons for being non-compliant, and in fact their non-compliance often results from the failure of medical staff to be empathetic towards their problems. One reason, for example, that people fail to comply with drug protocols is due to side effects. Medical staff who do not adequately explain the severity of possible side effects, who do not express concern for the patient's experience with these side effects, and who do not treat these side effects as effectively and vigorously as possible are themselves contributing to non-compliance in those patients. This is clearly part of the process of treatment in which nurse's behavior can be changed and the effects of these changes studied."
Abstract The paper shows that since September 11, Americans have developed a deeper racist attitude towards anyone who looks Middle Eastern, with more than 1200 people being detained without charge. The paper discusses the issues of Orientalism, stereotyping, discriminatory policies, and the question of Muslim-American's loyalty to their country.
From the Paper "The dangerous connection of popular stereotypes and official policy is possibly the greatest anxiety of the Arab and Muslim communities in America. Without concession for a moment the plague of terrorism or security needs of our society, our constituencies have been alarmed by contrasting treatment they have received by government agencies in the name of counter terrorism. In several cases, programs and policies targeting Arab communities in the effort to monitor terrorist activity have them contributed to deepening the association and create negative bias in the community's eye. The scuttle to judgment in Oklahoma City or the anti-Arab backlash when a crisis occurs in the Middle East brings to light the consequence of these associations."
Abstract Factors that lead to racial profiling. Law enforcement profiling of African Americans. Profiling of Middle Eastern, Muslim and Arab students in U.S. Colleges since 9/11. Security concerns since attack on U.S. Arab-Americans and Muslim students protest of FBI targeting them for questioning and detainment. Potential political and social significance.
From the Paper "Racial Profiling and Muslim Students in the U.S.
The issue to be analyzed herein centers on the process of how a social problem emerges and becomes a part of the social agenda in a country. The specific problem to be considered is the recent profiling and interviewing of Middle Eastern students living and studying in the United States.
Racial profiling had typically been understood in the United States as centered upon law enforcement apprehension of African-Americans in general and African-Americans in particular. Kenneth Meeks (2000), in an analysis of racial profiling that targeted African-Americans, argued that at the heart of racial profiling were the vestiges of institutional racism and deeply entrenched social perceptions of African-American males as more likely than others to be criminal or to ..."
Abstract This paper discusses the federal law proposed by Senator Bruce Wayne for the purpose of combating domestic terrorism. It explains how the law proposed that 1) visiting federal buildings be subject to a search of their person and belongings; 2) police detain any individual arousing suspicion of potential terrorist activity in or near a federal building; and 3) sentences be doubled and made mandatory for individuals convicted of terrorist-related activity. The paper examines the social ramifications of the threat of domestic terrorism in the United States.
From the Paper "In the aftermath of the Oklahoma City bombing, both press and public hastily assumed that the crime had Mideast origins. "John Doe," however, turned out to hail from the heart of Middle America. One of the lessons learned, as the terrorist's true identity slowly revealed itself, was not to jump to conclusions in assessing terrorism. This is a lesson that should yield even greater pause, as lawmakers eagerly rush to find a solution to the problem of domestic terrorism."
Abstract This paper looks at the history of Habeas Corpus and the role it plays in the law today. It looks at how the scope of Habeas Corpus has changed over time, what Habeas Corpus came to mean in English courts, and what it meant to the U.S. founding fathers when they included it in the Constitution. The paper then focuses on the history of Habeas Corpus in the U.S. by looking at how the Civil War, World War II, and Supreme Court rulings have affected and influenced its implementation. The paper also looks at limitations of Habeas Corpus and how Supreme Court rulings regarding Habeas Corpus have also affected the United States form of government.
Outline
The Start of Habeas Corpus
Early Beginnings
American Habeas Corpus
Habeas Corpus Act
Habeas Corpus
Habeas Corpus Defined
The Great Writ
Judiciary Act of 1789
Suspension of Habeas Corpus
Suspension by Lincoln
Testing the Issue
Seizing Power
After the Civil War
Resolution in 1924
Influence on World War II
Expansion in 1942
Abuse of the Writ
Total Exhaustion
1991 Decision
Limitations
Death Penalty and the Supreme Court
Effect on the Government
The Court's Decision
California and HR 4167
Handling of Habeas Corpus Proceedings
California Habeas Corpus Resource Center
Requirements for Habeas Counsel
2255's Original Purpose
Delay in Finality
Modern Day Sense
From the Paper "Habeas corpus was first introduced in England in 1215 when the Magna Carta was written. When habeas corpus was first used, it had a limited range. Over time the scope expanded due to jurisdictional disputes between the superior courts and local courts of England. Habeas corpus cum causa was the form of habeas corpus used by the courts which "compelled the sheriff to produce the prisoner who was the subject of the courts" jurisdictional dispute (Orye, law review).? A series of crucial cases which began with the Case of the Five Knights and concluded with the Chamber's Case questioned the ?validity of commitments, previously an incidental effect of the writ, making it a major object (Orye, law review).?"
Abstract This paper examines "Romeo and Juliet", written by William Shakespeare, which is set in Verona Italy, where two feuding families, the Montagues and the Capulets, produce a pair of "star-crossed lovers". It looks at how within the play there are five events that drastically change the course of Romeo and Juliet's love: Romeo and Juliet's meeting; their marriage; the death of Tybalt and Romeo's banishment; Friar John being detained with the letter allowing Balthasar to inform Romeo of Juliet's death; and Romeo killing himself before Juliet awakens. It attempts to show how these events could be classified as the direct results of a character's action, an act of fate, or a combination of both.
From the Paper "Romeo and Juliet's first meeting is completely due to fate. Their families? hate for one another would have made it impossible for them ever to meet unless there was another force at work. Romeo was originally infatuated with Rosaline, a woman who did not belong to either the Capulet or Montague family, and who would have nothing to do with Romeo. If the Serving Man of the Capulets had not approached Romeo to read the list of guests he was to ask to the party, Romeo would never have been aware that Rosaline was invited, which is the reason that induced him to enter the home of his enemy. This string of events and coincidences could not occur in a situation without fate, which sets up the rest of the play around the delicate relationship of Romeo and Juliet that under normal circumstances would not exist."
Abstract Institutionalization has historically been the juvenile justice system's primary reaction to at-risk girls. The juvenile justice system concentrated on detaining and committing these status offenders, instead of examining what caused their problems and providing community-based services to effectively address them. This paper shows that the juvenile justice system is based on prevention, intervention, and treatment; therefore, meaningful preventive measures, successful intervention efforts, and constructive rehabilitative programs should remain at the heart of the system. It argues that the system should hold offenders accountable and nurture them. This is particularly true for juvenile female offenders in light of the deep emotional needs evidenced by many young women who are in the system. Likewise, an effective juvenile justice system is one that promotes and fosters self-control and responsibility among young women, helps them become accountable for their actions, and promotes the public safety and welfare.
From the Paper "Misguided stereotypes and inadequate programming continue because there is a lack of information on female juvenile offenders. Research on juvenile offenders should include significant samples of girls, when possible, to identify and address the impact of gender on girls' life situations, behaviors, strengths, and needs. To prevent girls from becoming involved in the juvenile justice system, profiles of girls who are likely to become involved in the system should be identified. Efforts to predict which young people are likely to engage in at-risk or delinquent behavior, based on early childhood behavior, have proved to be of little success for girls."
Abstract This paper explains that a basic principle of government, even in democracies, is that, when a country faces great danger, such as the 9/11 terror attacks, it may be necessary to curb some personal liberties to ensure the safety of the country. The author points out that, after September 11, the country was suddenly and unexpectedly at war, but the laws protecting our personal rights, which were made stronger after excesses during the Viet Nam war, tied the hands of those charged with finding out where the threats lay and how to best protect us. The paper relates that, to put the country's laws more on a war footing, Congress passed the USA PATRIOT Act, which gives the government greater latitude to look at communication from suspected terrorists, to ferret out money laundering, to detain and expel suspected terrorists, to tighten the borders to keep terrorists out, and to allows agencies to work more efficiently when attempting to stop both domestic and international terrorists.
Table of Contents
Introduction
Two Views of History
Our Response
Current Problems
Conclusion
From the Paper "Although we have been aware for some time that terrorists attacked on soil foreign to them, having seen it occur in Japan, Canada, Great Britain, France and countries in Africa in recent history, concerns for our internal safety ratcheted up several times, including the first attack on the World trade Center in 1993, the bombing of the federal building in Oklahoma City in 1997, and of course, the destruction of the World Trade Towers, the damage done to the Pentagon, and the crash of a plane heading for a second government target in 2001. The marked coordination of the September 11 attacks was clearly an act of war."
Abstract This research discusses anti-terrorism policies and the manner in which they influence the nation and the world. Anti-terrorism is defined as defensive procedures used to decrease the susceptibility of citizens and property to terrorist attacks. In the aftermath of September 11, 2001, the U.S.A. was forced to deal with the threat of terrorism in a completely new light. For this reason, lawmakers devised a set of laws know as the Patriot Act. The research in this paper suggests that the Patriot Act is the main bill that deals with the issue of anti-terrorism in the United States. Though an anti-terrorism bill is necessary, the research indicates that the details of the Patriot Act are problematic. The issues that are problematic and even unconstitutional include: The government's ability to detain those that are believed to be terrorists without any due process, the right of the government to eavesdrop using roving wiretaps, reductions in judicial oversight and the role of congress. The paper argues that all of these issues are pertinent to American citizens and may prove to undermine the administration's efforts to mount a defense against acts of terrorism.
Abstract
Introduction
Review of Literature
Findings
Conclusion
From the Paper "According to an article entitled "The War Power and Its Limits", several aspects of the current antiterrorism policies are questionable. Kassop (2003) explains that in addition to abandoning the aforementioned judicial oversight, the antiterrorism policies of the Bush Administration also "created a blurring of distinctions between military action and law enforcement, along with a resultant uncertainty as to which set of standards applies in certain circumstances (Kassop 2003)." In addition, Kassop (2003) asserts that the antiterrorism policies have a disregard for congress. The author contends that the antiterrorism policies also give law enforcement agencies a tremendous amount of authority to monitor all types of activities that were once considered an invasion of privacy(Kassop 2003)."
Abstract Racial profiling occurs when a police officer selectively focuses on a person's race and subsequently follows, harasses, detains or arrests the individual. This paper examines three different approaches to dealing with racial profiling, discussing each one individually. The approaches discussed are: 'Use it', 'Limit it' and 'Abandon it'.
From the Paper "The U.S. Court of Appeals for the Eighth Circuit also seemed to propose that the best thing to do with racial profiling is to abandon it entirely. That Court declared that large groups of U.S. citizens should not be thought of by law enforcement officers as criminal automatically just because of their race (Kennedy 1999). It also noted, however, that facts should not be ignored, even though those facts might be distressing to some (Kennedy 1999). This seemed to open the door to limited use of racial profiling, the middle ground in the debate."
Abstract In 1997 the Supreme Court established a precedent for detaining a habitual violent criminal beyond the limits of his prison term in the case of 'Kansas Vs. Hendricks'. Judge Clarence Thomas wrote the majority opinion, which stated that the Kansas statute allowing the action neither violated the civil rights of the defendant nor constituted ex post facto lawmaking. This paper examines the issue of committing violent repeat offenders and looks at other options beyond the obvious choice of prison.
From the Paper "The prediction of future behavior is a concept that is not recognized in American jurisprudence. The law and the constitution hold that a person may not be deprived of life and liberty without due process. Due process is not defined as including any prediction of future behavior by any panel of experts, medical or judicial. From this perspective, committing a person because he is judged to have a mental condition that would make him likely to commit the crime again would be patently unconstitutional. The compulsion to commit an offense, a previous record of certain offenses or a psychiatric pathology that usually results in a type of behavior in no way is a guarantee that the offense will be committed."
Tags: mental, health, system, psychiatrist, Meghan's, Law
