...The article describes the effect that short term confinement has on violent prisoners from various prison units in the southern United States. The researcher explores, if exposure to solitary confinement should prevent future punishment within one-year of post exposure and prevent negative future behaviors. The research believes that fear of going back to solitary confinement should deter inmates from future misconduct. The author based research on individual rather than general population. And claim that solitary confinement has a general null effect on subsequent violence behaviors. The research is empirical, and uses rigorous methods. Statistical analysis is defined in detail and includes charts, graphs, and exponential result summations....
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...Penitentiary Ideal and Models of American Prison ? CJS/230 June ?, 2012 ? Abstract In this overview the following points will be addressed: based on the ideals of the penitentiary, what it should be like, the principal goal of a penitentiary, the differences between the two prison models, the benefits and the drawbacks of those models, and the model considered to be the winning model. Penitentiary Ideal and Models of American Prison Unlike American prisons and penitentiary’s we see today, they were much different as we look back into our history in the early eras of how prisons, penitentiaries, and inmates were handled. Penitentiary is defined as a prison or place of confinement where persons convicted of felonies serve their term of imprisonment. Based on the ideals of a penitentiary it is supposed to be a place of humane punishments instead of the harsh physical type. Furthermore, it was supposed to be a specific punishment. It was to be clean and sanitary in comparison to jails. The most important focus and principal goal of the penitentiary was to practice corrective discipline by the creation of habits of industry by the enforcement of rules. Inmates were to work consistently and not idle. It seemed like good intentions and motive went into trying to organize this type of system. The two prison models according to Corrections: The Fundamentals, by Burk Foster. Published by Prentice-Hall. Copyright © 2006 by Pearson Education, Inc, Chapter 2 reading...
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...regulations and laws as well as punish criminals. Throughout this paper I will discuss the history of punishment and how prisons were developed. The impact and involvement of prison labor overtime and the Pennsylvania and Auburn system. History of Punishment Penology the study of punishment evolved in the 1950s. During this rehabilitation replaced the punishment of offenders and became the main objective. Also during this time the term penology was replaced by the term corrections. Corrections is defined as the supervision and monitoring of offenders, the secure holdings of inmates in prisons, and the treatment of problems such as drug addiction, mental illness and other services (Seiter, 2014, “Chapter 1, The History of Crimes and Corrections, What is Corrections?”). In the eighteen century an Italian theorist founded the classical school of criminology. His first theory of crime causation was linked to appropriate punishments. “Beccaria suggested that the purpose of punishment is utility or the prevention of crime. Included in his principles are that crime is an injury to society, that prevention is more important than punishment, that the accused have the right to speedy trials and humane treatment, that there should be no secret accusations or torture, that certainty and swiftness of punishment (more than severity) best deter crime, and that imprisonment should be more wisely used as a punishment” (Seiter, 2014, “Chapter 1, The History of Crimes and Corrections, Theories of...
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...unacceptable to the social norms of society. Because of this need, the development of prisons were constructed to house the individuals, so they can serve their time away from free individuals. Prisons are an intricate part of our history, starting from the late 1700’s up until now our system continues to redefine itself based on the needs of society. I will explore the evolution of punishment, prison system and how prison labor impacts over time. Punishment can be defined as the correctional goal with emphasis on inflicting pain or suffering. (Seiter, 2011) Punishment is used as a form of social control, it is viewed, that, a person will refrain from wrongdoing if the consequences impact their freedom. Since the ancient times of the Code of Hammarbi, banishment, and beheading punishment has been a part of how our culture deals with offenders. We can trace back punishment to the colonial days where punishment was based on community opinion and punishment was publicly displayed to ridicule and deter others from such behavior. This type of punishment started to transform into a more organized structure because of enlightened political philosophy, a more humane approach was sought. Incarceration became the vehicle in which the American justice system dealt with deviant behavior. Sir Alex Patterson once said, “You cannot train a man for freedom under the conditions of captivity”. The first prisons in the free United States were recognized as penitentiaries to signify their prisoners...
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...Belly of the Beast | Jack Henry Abbott | The "Pains of Imprisonment" and "The Inmate Social System" | | | "In the Belly of the Beast" is a generous collection of autobiographical, political, and philosophical letters to an author from a man who takes life head on, but with a different approach. Norman Mailer, an author, was in the middle of writing a novel entitled "The Executioner Song", which is the story about a murderer named Gary Gilmore. While this novel was in the works, Mailer received a letter from Jack Henry Abbott, a convict having been in jail most of his life. Abbott's letter was solely criticism that accused Mailer of not knowing what real life in prison is like, but that Abbott would do everything in his power to clarify the aspects of what violence and everyday life is like in prison. A wide array of subject matter was covered far past the basic account of "a day in the life of an prisoner". The rationale of the inmate hierarchy is displayed from the inside with a totality that would take years of research and interviews. It is clear that there is no doubt concerning the feelings Abbott has for his jailers, and the establishment they represent. He clearly expresses throughout his writings that the corrections system exists to oppress the unfortunate and underprivileged. Abbott began to talk about the fact that he was in and out of foster homes almost from the time of his birth. By the age of nine, he was already in juvenile detention centers. The...
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... Definition of torture: First off, torture can be separated into two different categories. Physical torture, and Psychological torture. Physical torture is defined as the Infliction of severe physical pain as a means of punishment or coercion. Psychological torture is defined as the intentional infliction of suffering without resorting to direct physical violence. There have been many debates on which is worse physical? or Psychological? I’m here to say that torture is torture. It is wrong whether it is done with physical force or without. Either way it leaves a horrifying impact on the victims. Since we already know how torture can harm a person physically, I will focus on the psychological harm of torture in general. Research proves that the psychological affects of torture are greater than the physical affects. Torture has been shown to have “destructive health consequences on detainees.” Studies done on the Guantanamo Bay prisoners prove that the pain doesn’t end when they return home. One case that has made it into the news is the story of Adeel, a former teacher and father of five who was released from Guantanamo bay after 4 years of imprisonment without having been charged with anything. Even though he is now in the comfort of his home, Adeel, like many other detainees say, “I feel like I am in a big prison and still in isolation. I have lost all...
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...Insanity is defined as “The principal legal doctrine permitting consideration of mental abnormality in assessing criminal liability. Those acquitted of criminal charges as Not Guilty by Reason of Insanity are typically required to spend an indeterminate period of treatment in a secure mental health facility until they are no longer dangerous to self or others”.(Greene & Heilbrun). Each state carries its own statutes on how to deal with the insanity defense. In the state of California the follow the M’Naghten rule. The M’Naghten rule was established in 1843 after an Englishman by the name of Daniel M’Naghten murdered the secretary of the British prime minister. M’Naghten suffered from delusions that made him believe that he was being stalked and plotted against. He was charged with murder and plead not guilty by reason of insanity. He got off under his insanity plea, but ended up in a mental institution for the remainder of his life. This infuriated some people so Queen Victoria imposed the M’Naghten rule as a stricter guideline (or test) for the insanity defense. This rule implies that a person that commits a crime did not understand the difference between right and wrong at the time the crime had taken place. It must be proved by the defense that the person on trial has some sort of “disease of the mind” that would cause them to commit the crimes they have. It excuses the behavior that took place in the event that insanity can be proved. Because the M’Naghten rule is still...
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...TITLE: FALSE IMPRISONMENT AS A TORT AND ITS REMEDIES BY: HARI PRIYA NALSAR UNIVERSITY OF LAW, SHAMIRPET, R.R. District, HYDERABAD-500 078. HARI PRIYA NALSAR TABLE OF CONTENTS TABLE OF CASES: ............................................................................ 2 Chapter 1: INTRODUCTION.............................................................. 3 1.1 RESEARCH METHODOLOGY ............................................. 3 1.2 RESEARCH PLAN .................................................................. 3 1.3 AIMS AND OBJECTIVES OF THE PROJECT ..................... 4 Chapter 2: PREAMBLE ...................................................................... 5 1.1 WHAT IS FALSE IMPRISONMENT ..................................... 5 1.2 WHO IS LIABLE FOR FALSE IMPRISONMENT ............... 8 Chapter 2: FALSE IMPRISONMENT AS A TORT ........................... 9 Chapter 3: INGREDIENTS OF TORT OF FALSE IMPRISONMENT ............................................................................. 15 Chapter 4: REMEDIES ..................................................................... 17 Chapter 5: CONCLUSION ............................................................... 20 Chapter 6: BIBLIOGRAPHY ........................................................... 22 1 haripriya91@gmail.com HARI PRIYA NALSAR TABLE OF CASES: A. K. Gopalan v. State of Madras .................................................................... 10 Altken vs Badwell (1827) Mood &...
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...The reformists who called for the education overhaul believed that education should be accessible to all Americans, and by doing so the nation would prosper when the bright minds of the youth would become contributing members to the society and greater economy (Brinkley 332). The reform process came with a greater focus on lengthening the school years, increasing the wages of teachers to make the profession more desirable, and building a well-encompassed curriculum for schools to follow (Brinkley 332). While this worked in some areas of the country, the process was lacking in others. The reformists succeeded in promoting the importance of education, as America grew to have one of the highest literacy rates of any country during the Antebellum...
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...Criminal Courts Criminal Courts The professional courtroom work groups consist of judges, prosecuting attorney, defense attorneys, public defender, and others who earn a living serving the courts. Schmallager (20010) stated (pp. 269-307). Trail judges duty is to ensure justice he or she is responsible for safeguarding the right of the accused and the interests of the public in the administration of criminal justice. The courtroom judge has authority, ruling of the law weighing objections from both sides, deciding on the admissibility of evidence, and disciplining anyone who challenges the order of the court. Prosecuting attorney has the job of representative of the people in state case against the defendant accused of committing criminal offenses. Defense counsel are trained lawyers who represent the accused as soon as possible after arrest and ensure the defendant civil rights are not violated during the process by the criminal justice system. Defense attorneys defend criminal defendants in the United States it can be a private attorney, court appointed, and a public defender lawyer. Bailiff is an armed law enforcement officer who ensures order in the courtroom, announce the judge’s entry into the courtroom, call witnesses, and prevent the escape of the accused. Bailiffs in federal courtroom are deputy U.S. marshal. Trial court administrator’s job is to facilitate the function of the courts in particular judicial districts of areas. Court reporter crate an accurate...
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...CUSTODIAL AND NON-CUSTODIAL MEASURES The Prison System Criminal justice assessment toolkit 1 UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna CUSTODIAL AND NON-CUSTODIAL MEASURES The Prison System Criminal Justice Assessment Toolkit UNITED NATIONS New York, 2006 The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations, the Secretariat and Institutions of the Organization for Security and Cooperation in Europe, and the Belgian 2006 OSCE Chairmanship concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. TABLE OF CONTENTS 1. INTRODUCTION TO THE ISSUE ..................................................................................... 1 2. OVERVIEW: GENERAL AND STATISTICAL DATA ......................................................... 5 2.1 2.2 2.3 2.4 3.1 3.2 4.1 4.2 4.3 4.4 4.5 4.6 4.7 5.1 5.2 5.3 5.4 5.5 5.6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 7.1 7.2 OVERVIEW OF COUNTRY AND PRISON SYSTEM.............................................. 5 PRISON POPULATION ........................................................................................... 6 PROFILE OF PRISON POPULATION..................................................................... 6 QUALITY OF DATA ......................................
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...Within the prison system there are various key issues that surrounded the operations of the daily activities as well as the administration of the judicial system. Some of these key such as prison violence, prison rape and the drug policy issues are negative and does affect the prison. On the issue of prison violence, over the years, prison violence has been on the rise. This has causes major changes within the prions system, such as implementing strategies to control the prisoners and their criminal behaviors. Prison rape also has continues to rise. This issue has been will probably continue to exist. This is because the prison officials have yet to be able to control this kind of activity. Another issue that has been affects the prison system is the sentencing that are being handed out for drug charges. This has cause the prisons to be overcrowded. Prison Violence on the Rise Prison violence is on the rise, many prison conditions are a recipe for violence, by being overcrowded, understaffed, insufficient staff training, excessive solitary confinement, insecure facilities, mistreatment of mentally ill inmates, policies that weaken family ties, a culture of disrespect between staff and prisoners, and little accountability for wardens. These facilities are causing concern not only for inmates but, for those employed to supervise the convicted offenders. Inmate population continue to grow, staffing levels in most facilities either have stopped or decreased. Violence has increased...
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...account the decisions of the others. * Pareto efficiency * Pareto efficiency, or Pareto optimality, is a state of allocation of resources in which it is impossible to make any one individual better off without making at least one individual worse off. The term is named after Vilfredo Pareto (1848–1923), an Italian economist who used the concept in his studies of economic efficiency and income distribution.The concept has applications in academic fields such as economics and engineering. * Given an initial allocation of goods among a set of individuals, a change to a different allocation that makes at least one individual better off without making any other individual worse off is called a Pareto improvement. An allocation is defined as "Pareto efficient" or "Pareto optimal" when no further Pareto improvements can be made. * For example, suppose there are two consumers A & B and only one resource X....
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...There is a dungeon we are in – a dark prison with no physical walls to keep us in, no guard to watch us day and night. And yet, we are serving our time in solitary confinement in there this prison… Each one of us has particular aims, and as we move forward in life, our ambitions change, and we set ourselves certain goals. But more often than we realize, we restrict the goals we set for ourselves. We suffer from self-doubt, and our insecurities of which we are not even aware instill inhibitions that spread roots and branches in our minds. The result? Self-imposed internal limits – on ourselves, our goals, ambitions, potential, imagination. We lose faith in ourselves, and at times, we don’t even realize it. At times, our inability to take risks and go beyond the defined boundary becomes so internalized that we do not even realize how we clip our own wings. Like a reflex action, our instantaneous response to any challenge is to evade the situation altogether, because it is too risky. It is almost as if in our own little world, the word ‘risky’ is synonymous to ‘bad’. Our inability to do something new and tough becomes an absolute truth for us. We even lose the capability to think it through, measure the pros and cons, and then arrive upon a decision like an intelligent being with a fully functioning cognition. As a result of living in fear for too long, we manage to condition ourselves to play safe, without evaluating the reason behind reaching this negative conclusion. And...
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...religion or any other status and discrimination should not be there among the people. “The concept of human rights, though the British claim that they knew from the time of their Magna Carta(1215),were to incorporated in the Indian Police Act,1861 and as such the accountability of the police for human rights violation as not at all a concern for the English at a time when they drafted the Indian Police Act in 1861.When India became independent, most of the Indian states drafted their State Police Acts and even there, the experts who drafted the Acts was concerned with the drafting of the Acts in tune with the Colonial Indian Police Act rather than doing the same keeping in mind the principles of the Human Rights as guaranteed by Indian Constitution and Police Accountability”. “Under the Police Act 1861,which is still in force, Police in India is nothing more than a government department lacking the autonomy under rule of law that exists for the police in other leading democracies. No doubt the Constitution of India is the supreme law of the land but the police are governed by the repressive 1861 Police Act and the regressive Indian Penal Code (IPC) and Criminal Procedure Code (CrPC)”. Police are the important mass of the justice system so it is their responsibility to protect the rights of the people and work according to the procedure established by law. As the credibility of system depends on the procedures so they should be justified in interest of the society. Human rights...
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