Length Of Detention Research Articles

Detention at Angel Island: First Empirical Evidence

Between 1910 and 1940 the Angel Island Immigration Station was the primary port of entry for Asians into the United States, the place of enforcement of the Chinese Exclusion Act and other anti-Asian immigration policies. Even in the absence of substantiating data, it is frequently asserted that almost all entering Chinese were detained at Angel Island and that they were detained for weeks, months, even years. This article presents the first empirical evidence on how long people arriving at San Francisco were detained at the Angel Island Immigration Station. The use of newly discovered data on passengers of the Pacific Mail Steamship Company (PMSS) for the period 1913–19 adds an empirical basis to our understanding of how immigration laws were administered in classifying and detaining aliens seeking to enter the United States, which arrivals were detained at Angel Island, and for how long. Results show that many Chinese were not detained at all; there was great variation in length of detention for Chinese who were detained; only some of this variation can be explained by the type of exempt status claimed for admission under the Chinese exclusion laws; Japanese arrivals had an even higher incidence of detention; and many detainees were either non-Asian, had come on ships from Central or South America, or were not immigrants at all.

Detention at Angel Island

Between 1910 and 1940 the Angel Island Immigration Station was the primary port of entry for Asians into the United States, the place of enforcement of the Chinese Exclusion Act and other anti-Asian immigration policies. Even in the absence of substantiating data, it is frequently asserted that almost all entering Chinese were detained at Angel Island and that they were detained for weeks, months, even years. This article presents the first empirical evidence on how long people arriving at San Francisco were detained at the Angel Island Immigration Station. The use of newly discovered data on passengers of the Pacific Mail Steamship Company (PMSS) for the period 1913-19 adds an empirical basis to our understanding of how immigration laws were administered in classifying and detaining aliens seeking to enter the United States, which arrivals were detained at Angel Island, and for how long. Results show that many Chinese were not detained at all; there was great variation in length of detention for Chinese who were detained; only some of this variation can be explained by the type of “exempt” status claimed for admission under the Chinese exclusion laws; Japanese arrivals had an even higher incidence of detention; and many detainees were either non-Asian, had come on ships from Central or South America, or were not “immigrants” at all.

Correlates ofMycobacterium tuberculosisinfection in a prison population

Prisons represent a crucial setting for tuberculosis control. Currently, there is scarce information concerning Mycobacterium tuberculosis (MT) infection in European prisons, and no data are available for Italy. This study aims to describe the prevalence and correlates of MT infection in an Italian prison population. In this multicentre cross-sectional study, 1,247 inmates from nine prisons were recruited and asked to undergo questioning regarding socio-economic and demographic variables, tuberculin skin testing (TST), chest radiographs and testing for HIV, hepatitis B and hepatitis C virus infection. TST was positive in 17.9% of the 448 evaluable subjects. With multivariate logistic regression (performed among male inmates), MT infection was correlated with age (adjusted odds ratio (OR) 4.12 for inmates aged 31-40 yrs; 3.78 for those aged >40 yrs), being foreign-born (OR = 4.9), education < or =5 yrs (OR = 1.88) and length of detention (increased risk per yr: 11%). As with elsewhere in the world, the prison system in Italy features a population with an increased rate of Mycobacterium tuberculosis infection and at-risk rate for Mycobacterium tuberculosis transmission. Improved tuberculosis surveillance and control measures are deemed necessary in correctional facilities nationwide, especially for subjects with the above risk factors and those who are HIV infected, in whom the tuberculin skin testing can be misleading. The screening of entrants is particularly important to avoid undiagnosed smear-positive tuberculosis cases.

Criminal responsibility and mental illness in Ireland 1850-1995: fitness to plead

AbstractObjectives: To describe forensic and clinical characteristics of unfit to plead defendants in Ireland between 1850 and 1995 as well as outcome in terms of length of stay in custody and ultimate disposal of cases. These data are compared with studies from the US and the UK. The White Paper on Mental Health (1995) highlights the need for significant change in the management of mentally ill defendants who come before the courts. The current criteria for the assessment of fitness to plead date from 1836. There has been little previous research on the use of fitness to plead procedures in Ireland which might guide future law reform.Method: This is a retrospective study of demographic, forensic and clinical data on an almost complete sample of 488 unfit to plead patients admitted to the Central Mental Hospital between 1850 and 1995. A standardised profile was completed on each subject with data drawn from hospital records and entered onto a database for analysis.Results: The use of the fitness to plead procedures peaked in the period 1910-20, and has fallen into substantial decline since then. Defendants were usually male, with a mean age of 37 years who had been charged with a violent crime. Three quarters of defendants were psychotic on admission. The mean length of detention was 14.3 years and only 4% were ultimately returned for trial.Conclusions: The decline in the number of fitness to plead findings is probably related to the reluctance of defendants to use the procedure due to the resulting prolonged period of detention. The introduction of a formal judicial review procedure to reassess the appropriateness of detention is urgently required to protect the civil liberties of those found to be unfit to plead.

Quinn v. France

Aliens — Extradition — Extradition proceedings — Human rights — Right to liberty and security of the person — Lawfulness of detention — Length of detention with a view to extradition — European Convention on Human Rights, 1950, Article 5Human rights — Right to liberty and security of the person — Lawfulness of detention — Length of pre-trial detention — European Convention on Human Rights, 1950, Article 5

Kolompar v. Belgium

195Aliens — Extradition — Extradition proceedings — Human rights — Right to liberty and security of the person — Lawfulness of detention — Length of detention with a view to extradition — European Convention on Human Rights, 1950, Article 5Extradition — Human rights — Procedure — Delays — Delays attributable to applicant's conduct — Duty of extraditing State to respect human rights of suspect — Extradition sought pursuant to conviction in absentiaHuman rights — Liberty of person — European Convention on Human Rights, 1950, Article 5 — Detention pending extradition

Detention of Persistently Nonadherent Patients With Tuberculosis

Patients with tuberculosis (TB) who are persistently nonadherent to treatment present a public health risk. In 1993, California created a new civil detention process and allowed detention of noninfectious but persistently nonadherent patients. To determine (1) which patients TB controllers attempt to detain, (2) how often and where patients are detained, and (3) how many of these patients complete TB treatment. Case series with cross-sectional comparison to other adult TB patients in the study counties. Twelve California counties with the largest number of new TB cases reported in 1994. All patients whom TB controllers sought to detain during 1994 and 1995 because of persistent nonadherence to treatment. Public health records, interviews with county TB officials, and Reports of Verified Cases of Tuberculosis to the California Tuberculosis Control Branch. Tuberculosis controllers sought the civil detention or arrest of 67 patients during the study period (1.3% of adult TB patients with the same disease sites). Forty-six percent of these patients were homeless, 81% had drug or alcohol abuse, and 28% had mental illness. Tuberculosis controllers sought civil detention of 15 patients. Fourteen patients were detained (median length of detention, 14.5 days). Tuberculosis controllers sought to arrest 62 patients during the study period. Fifty-three patients were arrested (median time in jail, 83 days). In 10 cases, both civil and criminal detention were attempted. We analyzed completion of therapy after excluding patients who were not detained or who died or moved. Overall, 41 (84%) of the remaining 49 detained patients completed therapy. Of the patients who completed therapy, only 17 were detained until treatment was completed. Compared with other TB patients in these counties, detained patients had 4 times the proportion lost to follow-up and half the proportion completing therapy within 12 months. Further improvements in the care of persistently nonadherent patients may require more psychosocial services, appropriate facilities for civil detention, and detaining patients long enough to assure completion of treatment.

Guilty but insane: the insanity defence in Ireland, 1850-1995.

This is a retrospective study describing sociodemographic and clinical characteristics of an almost complete sample of insanity acquittees in Ireland between 1850-1995. Case records and legal files were examined for each of the 437 patients admitted to the Central Mental Hospital under guilty but insane criteria, and a profile of sociodemographic, forensic and clinical data completed in each. The number of insanity acquittees has fallen five-fold since the 19th century. Acquittees were usually single males from rural areas, aged in their 30s, who had committed a violent crime while suffering from a major psychiatric illness. Female insanity acquittees were relatively few in number and were equally likely to have been charged with violent crime, especially against their own children. The mean length of detention was 14.5 years. The insanity defence is rarely used in Ireland, is largely confined to serious offences (especially homicide), and generally results in prolonged detention.

Unfit to plead in Ireland

AbstractIn Ireland patients who are found unfit to plead are automatically detained in the Central Mental Hospital (CMH) at the pleasure of the court. The CMH is the only high security psychiatric hospital in the Republic of Ireland. There is no limit on the length of detention and no review system in place. We reviewed the case notes of all the prisoners admitted to the CMH since 1937 who were found unfit to plead. We identified 24 cases which included only one female. The mean age was 33.5 years. Nearly 25% had a criminal record and over 60% had a past psychiatric history. The primary diagnoses were schizophrenia (12), mental handicap (4), personality disorders (3), psychotic episode (2), dementia (2) and manic depression (1). The average length of stay in the CMH was 18 years. We review the situation in the UK and in the USA and we make recommendations about legislation.

Length of detention in matched groups of insanity acquittees and convicted offenders

The verdict of not guilty by reason of insanity (NGRI) continues to be the subject of much debate (cf. Perr, 1985; Steadman & Morrisey, 1986). In theory, insanity acquittees are sick and in need of treatment. They are not to be punished because they were not responsible for their offenses. But in practice, most insanity acquittees are involuntarily detained for indefinite periods of time in secure hospitals (Pasewark, 1986; Pogrebin, Regoli, & Perry, 1986). What factors are related to length of detention for these men? How do their lengths of detention compare to those of persons found guilty of similar offenses? Cooke and Sikorski (1974) found several factors to be related to length of institutionalization, including marital status, educational and occupational status, race, offense, diagnosis, previous offense history, and previous history of hospitalization. However, this study has been criticized for using excessively liberal criteria for statistical significance (Pasewark, 1986). In another study (Steadman, Pasewark, Hawkins, Kiser, & Bieber, 1983), multiple regression techniques were used to predict length of hospitalization for a group of insanity acquittees in New York State. It was found that nine variables (the most important being severity of offense, marital status, and sex) were related to length of stay, but that the nine variables accounted for only 11% of the variance in the length of stay. Neither of the above studies included treatment variables. Steadman et al. (1983) concluded that variables related to therapeutic progress might be the most important ones for predicting length of stay. There have been several other studies in which the focus has been a comparison between insanity acquittees and persons convicted of similar acts. Results regarding length of stay for the two groups have been inconsistent, with some studies finding that insanity acquittees stayed shorter lengths of time in custody than their convicted counterparts (Pasewark, Pantle, & Steadman, 1982; Phillips & Pasewark, 1980), some finding the two groups stayed equivalent lengths of time (Braff, Arvanties, & Steadman, 1983; Pantle, Pasewark, & Steadman,

Impact of the Young Offenders Act on Dispositions in the Juvenile Justice System of Canada

ABSTRACT Following implementation of the Young Offenders Act (YOA) in April 1984, it was believed that a shift had occurred from an emphasis on rehabilitation and indeterminate sentences under the Juvenile Delinquents Act (JDA) to an emphasis on punishment and determinate sentences under the new legislation, and a subsequent increase in frequency and length of custodial dispositions. Research studies suggest that, while the number of youths charged and the number sentenced to probation has remained the same, committals to custody and average length of detention have increased. Furthermore, victim reconciliation and community service orders are being used more often as dispositions under the YOA, consistent with the principle of accountability of young offenders. The present study attempts to determine the impact of the YOA on judicial dispositions for 13 to 15 year old young offenders at the Provincial Court (Family Division), Frontenac County, by attempting to control for the nature of the cases and the ...

Mental Health Act 1983.

After reviewing the history of mental health legislation in England, Hamilton discusses some provisions of the new Mental Health Act that went into effect in September 1983. Among the issues pertaining to involuntary commitment covered by the act are the terminology and definition of mental illness; criteria for emergency admission, admission for assessment, and length of detention; patients' rights; mental health review tribunals; and consent to treatment. Two of the more controversial provisions are the reinstitution of a mental health commission with protective functions for detained patients, and a mandatory second opinion for certain forms of treatment.

Production of earthworms as a potentially economical source of protein

AbstractThe main objectives of this study were (1) to determine the optimum frequency for transferring a fixed population of Eisenia foetida into fresh surroundings to effect maximum production of earthworm biomass, (2) to determine carrying capacity and maximum production of E. foetida biomass per unit area–volume–time at 24°C, and (3) to measure the nucleic acid concentration of this earthworm. Population were rapidly decimated in limed peat moss with horse manure as food when transferred weekly or when held for ten weeks in the same substrate; no significant differences and high survival obtained at intermediate intervals. Significantly more cocoons were produced when transfers were made every two weeks, and a trend was seen toward a lower level of cocoon production with length of detention in substrate. The growth rate of adults was approximately similar in relation to the frequency of transfer, as was biomass, at transfer frequencies of every 2 to 9 weeks. One interpretation of the data is that a detention interval of 6 to 8 weeks is optimum for maximizing production of biomass; eight weeks is the interval commonly selected in commercial practices. Carrying was 9.5 g live weight on a surface area–volume of 24 cm2–110 cm3 with horse manure as food on 20 g of soil as substrate; maximum production in this space was 2 g live weight in 7 weeks, which extrapolates to 6685 kg protein/ha yr. Nucleic acid concentration was 2.9%, which falls below values of about 6–28% obtained for microbes, and may exceed values for mammalian muscle by about twofold.

Age at admission and length of detention.

Age at admission and length of detention.

What Minnesota Has Done and Should Do for the Feeble-Minded

In 1879 the State of Minnesota established a commission to visit hospitals for the insane for the purpose, among other things, of selecting idotic and feeble-minded persons to be transferred from the hospitals and placed under the control of the institution for the deaf, dumb, and blind at Fairbault. The trustees of that institution were authorized to establish an experimental for training such patients, and an appropriation of $11,000 was made available for the years 1879 and 1880. In 1881 the beginning of our present school for the feeble-minded was authorized by the legislature as a Department for Training Imbeciles. The growth and development of the school, which began with less than a hundred patients to its present size and usefulness, with a population of 1,664, is familiar history. Minnesota has often been congratulated for its early recognition of the problem of feeble-mindedness. From 1879 to 1917 the ccurse of legislation has been on the side of developing the school-increasing its physical accommodations-the addition of a farm colony-in 1909 the establishment of the highly important and valuable research department. The legislation of 1917 marks the beginning of a new state policy with respect to the feeble-minded. As that legislation has been operative for a year it seems worth while at this time to consider its purposes and results. The new law provides for compulsory commitment of feebleminded persons to the care and custody of the State Board of Control. Heretofore it has been impossible to place feeble-minded persons under state care so long as they or their parents or guardians objected. Admission to the school at Faribault was voluntary and the length of detention a matter of the will of the patient or of those in authority over him. Manifestly the well-being of the community required permanent control by the community of those who, because of mental defect, are a menace and a constant source of actual and potential danger. The principle is so well recognized where crime and insanity are concerned, that one is at a loss to explain the delay in applying it to the feeble-minded. The terms of our present law constitute a complete