A memo to President-Elect Barack Obama concerning U.S. preventive detention policy.
Persuasive Essay # 142427 |
1,500 words (
approx. 6 pages ) |
4 sources |
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Abstract
The paper presents a memo that provides the following: 1) an assessment of National Security Conditions and General Advisement for the President-Elect, 2) a brief summary concerning the decisions and actions of the Clinton and Bush Administrations with respect to preventive detention policy, 3) a short discussion concerning fundamental questions about civil liberties and human rights, and 4) a definition and defense of a preventive detention policy for the United States that addresses fundamental questions concerning the treatment of U.S. citizens and non-citizens, how long people can be detained without charges, what types of rights citizens and non-citizens have should have during detention, and what kinds of rights they should have during the legal hearing.
From the Paper
"In hope that lessons can be acknowledged from the mistakes of previous administrations, the current memo provides the following: 1) an assessment of National Security Conditions and General Advisement for the..."
Tags:preventive detention, human rights, civil liberties
A look at how the U.S. Constitution affects the detention and prosecution of Al Qaeda terrorists in Guantanamo Bay.
Analytical Essay # 143182 |
1,000 words (
approx. 4 pages ) |
5 sources |
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$ 21.95
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Abstract
As any newsworthy citizen knows, one of the first actions by newly elected President Obama involved the issuance of an executive order to close down Guantanamo Bay detention camp within a year. This, of course, comes just six months after the U.S. Supreme Court handed down a critical decision concerning how the Constitution affects detention and prosecution of detainees. In light of these events, the following discussion examines how the U.S. Constitution affects the detention and prosecution of Al Qaeda terrorists in Camps Delta and X Ray as well as Guantanamo, Cuba. The current study also explains how the U.S. Constitution has been used to argue both pro and con regarding the detention of terrorists. In addition, discussion also attempts to answer questions concerning whether the Bill of Rights applies, why terrorists are in these detention camps, how long they are there, whether they have due process, why it should be allowed or not allowed to hold terrorists.
From the Paper
"As any newsworthy citizen knows, one of the first actions by newly elected President Obama involved the issuance of an executive order to close down Guantanamo Bay detention camp within a year. This, of course, comes just six months after the U.S. Supreme Court handed down a critical decision concerning how the Constitution affects detention and prosecution of detainees. In light of these events, the following discussion examines how the U.S. Constitution affects the detention and prosecution of Al Qaeda..."
Tags:guantanamo, gitmo, bill of rights
An analysis of the problems within US juvenile detention facilities and a discussion of proposed solutions.
Research Proposal # 95806 |
2,132 words (
approx. 8.5 pages ) |
11 sources |
MLA | 2006
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$ 40.95
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Abstract
This paper discusses the problems with the juvenile detention facilities in the United States. It begins by discussing the current situation with the detention facilities and discusses some of the reasons why the facilities are not adequate, such as over-crowding and a lack of therapeutic resources. The paper then proposes some solutions to improve the conditions in the detention facilities.
Table of Contents:
Introduction
Educational Program Deficiencies
Proposed Solution
Overcrowding
Proposed Solution
Understaffed
Proposed Solution
Under-Trained Staff
Proposed Solutions
Conclusion
From the Paper
"Many reports have surfaced regarding the lack of education at juvenile detention facilities. As the investigate reported revealed done by the state of Connecticut on the Juvenile Training School in Middletown, CT, the school didn't even have desks or books upon opening in 2001. (Office of the Child Advocate, 2002). It remained that way for the first three months of being opened."
Tags:justice, overcrowding, understaffed, advocate
A discussion of the Guantanamo Bay detention center.
Term Paper # 140703 |
1,000 words (
approx. 4 pages ) |
8 sources |
MLA |
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Abstract
The paper relates that in January 2002, the United States government opened a detention center, at the American naval base in Guantanamo, Cuba, to hold prisoners of the "War on Terror". The paper explains why Guantanamo was considered a good site for such a detention center; as an American naval base, it was secure, and in the view of some members of the Bush Administration, it was also considered outside of the reach of American courts and outside of the protection American law provides for accused criminals.
From the Paper
"In January 2002, the United States government opened a detention center, at the American naval base in Guantanamo, Cuba, to hold prisoners of the "War on Terror" (Richman). Guantanamo was considered a good site for such a detention center. As an American naval base, it was secure. Perhaps more importantly, in the view of some members of the Bush Administration, it was also considered outside of the reach of American courts and outside of the protection American law provides for accused criminals."
Tags:torture, guantanamo, terrorism
Explores the distinction between an arrest and detention.
Essay # 65740 |
1,927 words (
approx. 7.7 pages ) |
12 sources |
MLA | 2006
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$ 36.95
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Abstract
This paper discusses the differences between an arrest and detention, explaining that a key distinction between the two is that only arrests require probable cause. The paper examines legal information regarding the definition of an arrest and detention and explains some of the difficulties associated with differentiating the two.
From the Paper
"Early decisions of the Court suggested that an arrest occurred any time the police restricted a person's movement. See Henry v. United States, 361 U.S. 98 (1959). Under this definition, an arrest would happen anytime the police even talked to a suspect if the suspect unilaterally thought he was not free to leave. Id. In Henry v. United States, the Court found that an arrest occurred when police stopped a car whose occupants were suspected of transferring stolen liquor. According to the Court, "when the officers interrupted the two men and restricted their liberty of movement, the arrest, for purposes of this case, was complete." The Court ultimately ruled that since the police did not have probable cause at that moment, their action was unconstitutional."
Tags:restriction, movement, terry, v., ohio, unconstitutional, probable, cause, seizures
An examination of the effectiveness of juvenile/youth detention centers on juvenile offenders in the United States.
Essay # 51206 |
1,757 words (
approx. 7 pages ) |
5 sources |
MLA | 2004
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$ 34.95
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Abstract
This paper explores thee impact of juvenile/youth detention centers on juvenile offenders in the United States and the rationale for dealing differently with juvenile offenders and adult offenders It looks at how there are various tactics that can be used inside and outside of the centers that are effective in reducing juvenile crime. It also examines how the way that adult and juveniles are dealt with in the criminal justice system is extremely dependent upon public opinion. It focuses on the effectiveness of Georgia juvenile detentions and provides some statistics showing how many juveniles are currently incarcerated and forecasts of how many are expected to be incarcerated in the future.
From the Paper
"The effectiveness of a detention center is also dependent upon the tactics that are used to address the problems that juvenile offenders face. In order to effectively serve these offenders juvenile detention centers must analyze the causes for delinquent behavior amongst Juveniles. In addition, the centers must be prepared to use unconventional tactics to effectively rehabilitate the juveniles. An article in the Journal, Reclaiming Children and Youth, explains that this type of innovation exists in places like Nevada. (Troup 2001) The article asserts that in Nevada juvenile detention centers are becoming more effective by coordinating and collaborating with all of the stakeholders involved."
Tags:crime, delinquency, rehabilitation
An examination of a case involving juvenile detention.
Essay # 67644 |
1,644 words (
approx. 6.6 pages ) |
5 sources |
MLA | 2006
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$ 32.95
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Abstract
This paper examines the arguments for and against the detention of a young offender. The case in question is one in which a 12 year old male was detained on the following charges: attempted sexual assault of a minor; aggravated assault: minor in possession of an alcoholic beverage; and unlawful possession of a controlled substance, marijuana. The author tells us that the juvenile was caught in the act of sexually assaulting a 14 year old female acquaintance by the victim's 16 year old brother, who had arrived home and observed the act. The 12 year old suspect had also beaten the victim with the heel of a shoe. The juvenile was arrested and charged with aggravated sexual assault of a child and aggravated assault and possession of a controlled substance. The paper describes the background of the defender and, the circumstances under which he lives. The author describes all of the laws that apply to juvenile defenders. In conclusion, the author points out that a case like this is presented by both sides and, taking the laws and jurisdictions into consideration, the case would then be decided.
Table of Contents
Introduction
Argument in favor of taking the delinquent into custody.
Argument for the release of the delinquent
Final decision
From the Paper
"Another point that can be given in favor of this case is that the court first thoroughly studies the case and only then gives its final decision. Thus, if the court feels that it is not safe for the child to remain at home then it places the juvenile in a foster home or any out-of-home placement. It is the juvenile court's responsibility to rehabilitate the minor when he poses a danger to the common public and hence the court has the right to take any protective measures. As one of the articles says "once juvenile court has jurisdiction over a delinquent minor, its jurisdiction may be extended until the youth's 21st birthday, or, in a small number of cases, until age 23" (Protecting the Welfare of Minors, p.1)."
Tags:age, law, criminals, young, guradian, social, services, probation, attorney
A look at Supreme Court justice opinions on State X Law regarding detention of the mentally incompetent.
Essay # 136745 |
1,000 words (
approx. 4 pages ) |
2 sources |
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Abstract
In this article, the writer discusses that State X has a law that permits law enforcement officers to hold mentally ill suspects for lengthy periods of time while their fitness for trial is determined. The writer notes that arrest of such individuals may be the only option for law enforcement, as the offender may not be exhibiting signs of mental illness great enough to be admitted to a psychiatric hospital. The writer discusses that nonetheless, there may be certain constitutional laws that may be afforded such detainees.
Tags:supreme, court, constitutional, state, law
Human Rights in Turkey
A discussion and comparison of the arrest, detention and seizure framework in Canada and Turkey.
Comparison Essay # 113689 |
1,018 words (
approx. 4.1 pages ) |
5 sources |
APA | 2009
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$ 21.95
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Abstract
This paper discusses the sharp contrast between Canada and Turkey with regard to the civic rights of their citizenry. The author explains that the Charter of 1982 solidified those rights in Canada, by protecting citizens from unreasonable searches, unjustifiable detentions and importantly, against the possibility of law enforcement's abusing its powers. Turkey, on the other hand, has been cited for human rights abuses on countless occasions. The author explains that despite the fact that the Turkish constitution clearly prohibits arbitrary arrest, detention, search and seizure, in actuality all of the above are commonplace occurrences in Turkey. The paper concludes that it is important to recognize that the civic rights of citizens are upheld by virtually all national legislatures, but when it comes to their application, Canada applies the provisions and charter in question while Turkey does not.
From the Paper
"The rules which govern arrest, detention and seizure in Turkey are grounded in the country's constitution. The Turkish Constitution clearly outlines the civic rights of the citizenry and outlines the limitations on police authority. As Kinzer (2002) explains, arbitrary arrests are prohibited with no statements of exception. Law enforcement must have a clear reason for arresting citizens and must establish, before a judge that the citizen in question has violated the laws of the nation and accordingly, that there are legitimate grounds for the issuance of an arrest warrant."
Tags:detainee, Amnesty International, torture forced control accountability privacy
The Mental Health Act and Psychiatric Services
A case study of John's detention by the psychiatric services and discussion of his treatment in relation to the Mental Health Act and moral ethics.
Case Study # 45438 |
3,680 words (
approx. 14.7 pages ) |
35 sources |
MLA | 2002
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$ 61.95
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Abstract
This paper analyzes issues concerning the Mental Health Act and moral ethics using the fictitious case study of the involuntary admission to the psychiatric services of a patient called John. It provides an overview of the Mental Health Act (1983), the effects of compulsory admission and the key people in that admission.
Outline
The Mental Health Act and Effects of Detention
John's Treatment
For and Against Involutary Treatment of John
Nursing Duties Involved in Treating John Involuntarily
John's Best Interests and Confliction of his Wishes
Implications in Practice
Conclusion
From the Paper
"The case of Sarah Lawson (The Guardian, 2001) showed that if someone is deemed to be mentally ill, and has insight into the illness and wishes to die, they can do so. This case involved a father assisting his daughter with her suicide because her mental illness impacted upon her physical health. However it is noted that this assisted suicide took place at their family home, not in hospital on a psychiatric unit. If there were to be an assisted suicide on the unit preformed by a member of staff to the case study John, this would be highly illegal and come into conflict with The Code of Practice (1999)."
Tags:euthanasia, suicide, human, rights, medication