Detention System Research Articles

Application Of Counterterrorism In Eradicating Criminal Acts Of Terrorism Into Indonesian Positive Legislation

Through counterterrorism policies, the government can mobilize various public work sectors which ultimately improve the quality of security and welfare provisions by the state. Improving the handling of terrorism convicts in prison to prevent recidivism, for example, will improve the detention system, immigration system and civil registration. This is of course with an important note that the policy of responding to terrorism is carried out in a coordinated manner. So, not only certain institutions within the country, but all state institutions must have a clear role in responding to terrorism. The formulation of the problem discussed is: How can counterterrorism efforts prevent and overcome terrorism? and How is counter-terrorism implemented in eradicating criminal acts of terrorism into Indonesian positive law legislation? The research method used in this research is normative juridical research with a statutory approach and a conceptual approach. Discussion: The application of counter-terrorism in eradicating criminal acts of terrorism in Indonesia has been integrated into positive legal legislation through Law no. 5 of 2018. This law strengthens the legal framework by expanding the definition of terrorism, tightening supervision, and giving greater authority to security forces, as well as introducing preventive measures such as preventive detention and deradicalization. The role of the National Counter-Terrorism Agency (BNPT) has also been strengthened to coordinate counter-terrorism strategies. The legislative process in Indonesia which follows the civil law tradition requires regulations to be written in writing. Establishment of Law no. 5 of 2018 was also influenced by the phenomenon of acts of terrorism which prompted the acceleration of the revision of Law no. 15 of 2003. Encouragement from society (bottom-up) and responses from political actors accelerated the ratification of this law, even though there were various challenges related to expanding authority and human rights. In dealing with terrorism, Indonesia applies two main approaches, namely the criminal justice model and the war model. The criminal justice model views terrorism as a legal violation that is handled through law enforcement, while the war model views it as an existential threat that requires a military response.

Narrating COVID and captivity in Italy: ‘no prison’ writings and the restorative potential of the penitentiary

Abstract Italy's prison overcrowding became world news in early March 2020, when the COVID-19 outbreak sparked riots in prisons across the country, causing the death of 13 inmates. As a crisis narrative, the COVID-19 pandemic made visible the deep, ongoing crisis of Italy's prison system and disclosed new conditions for critical thought on the restorative potential of the penitentiary system. This article first describes the impact of COVID-19 on Adriano Sofri's ‘no prison’ writings, starting from his column in Il Foglio on the prison uprisings in March that followed the announcement of the anti-COVID measures; it subsequently analyses the Italian response to the pandemic from an internal, practitioner-led perspective. By offering both a dialectic and an immanent perspective, it aims to develop new ways of understanding the detention system and enhance the social credibility of the penitentiary system in Italy beyond the constraints of COVID and the emergency logic.

“I’ve Been Hurt Every Single Day Here, You Know:” A Feminist Abolitionist Analysis of Immigration Detention

While gendered violence against women at home, in intimate relationships, and in the workplace is widely acknowledged, the relationship between border control and gendered violence has only recently been addressed, often narrowly. To address this gap, this article examines the United Kingdom immigration detention system through an abolition feminist lens. Drawing on research conducted inside and outside detention sites, experiential knowledge from lived experience and solidarity work, and secondary sources, we highlight the entangled and mutually constitutive relationships between intimate/interpersonal and institutional/state violence. Inspired by Monica Cosby’s Intimate Partner Violence and State Violence Power and Control Wheel, our analysis reveals how immigration detention constitutes a form of racist-gendered state-corporate violence. Importantly, those who travel under the sign women understand this violence as directly linked to the gendered abuses they experienced outside detention. This underscores the inseparability of post-national struggles against carceral border regimes from feminist transformative efforts to eradicate gendered violence.

Regulating mobility through detention: Understanding the new geography of control and containment at the Southern European border

The aim of this article is to describe the evolution of immigration detention policies at the Southern European border. This will be done by presenting original data on the actual functioning of immigration detention in Italy in the wake of the so-called “refugee crisis”. By shedding light on these developments, the article reveals a notable convergence of first reception and return policies, which in turn is driving a transformation of the landscape of immigration detention leading to a proliferation of detention regimes and spaces of containment. Drawing on the literature on carceral geographies, this development is analyzed within the framework of Italy's distinct role in the geopolitics of EU border control policies. The article ultimately suggests that the immigration detention system has gradually been co-opted by the border control infrastructure, becoming part of a broader and intricate control assemblage whose essential function is the regulation of human mobility.

Interdisciplinary integration of land use and drainage planning for urban adaptation under the climate change scenario

ABSTRACT The challenge posed by urbanization often revolves around effectively integrating land use and comprehensive drainage planning. The empirical results of urban layout on stormwater management are summarized into two major categories: (1) decrease of runoff volume and (2) decrease of peak flows. Interdisciplinary incorporation of urban design and hydraulic engineering should be employed for reducing upstream runoff volumes and a regional downstream detention system to mitigate peak flow releases. This study proposes a framework that combines the distribution of flow loading and the control of flow releases to formulate the adaptation strategy by synthesizing land use and comprehensive drainage planning. The study leverages environmental and land use data to investigate Dapu township, Taiwan. The presented paper designs a detention and low-impact development (LID) method based on relative land use layout. It identifies the relationships between land use and master drainage planning (MDP) in watershed areas. It contributes to an integrated framework for the urban planners' flood mitigation adaptation strategy. Most importantly, it provides insights into MDP practices under slight, medium, and even climate change scenarios.

The obsolescence of detention: Versatility, expendability and plasticity in the field of immigration confinement

Studies on immigration enforcement and bordered penality frequently depict immigration detention as a system of confinement enforced in closed, relatively opaque facilities geared towards the expeditious deportation of non-citizens. This notion is actually a synecdoche of the diverse forms of containment and the varying, more or less dispensable roles played by detention practices within immigration enforcement systems. This paper challenges this perspective by considering prominent changes taking place in the detention field across Europe, which can be seen as signals of a gradual detention crisis. In this respect, it explores the versatility of detention practices, which have made the detention system particularly resilient. Despite this resilience, though, the paper unveils and maps the obsolescence of detention centric models of immigration enforcement, which manifests itself in the jurisdictions in which detention systems either are largely irrelevant or have been shrinking in the recent past. Additionally, the paper examines the consolidation of the hotspot archipelago in Mediterranean Europe, which has expanded the containment capacity of the border control apparatus and made it increasingly plastic. Yet the hotspot system is in itself an additional manifestation of the obsolescence of detention-centric models of enforcement. After having scrutinised these different dimensions, the paper concludes by exploring the promises and pitfalls of a changing detention landscape and suggesting directions for future research.

Multiple functions of immigration detention: Police measures in the governance of mobile populations

Notwithstanding punitive implications, immigration detention as an administrative deprivation of liberty represents a characteristic police measure, targeting deportable noncitizens with limited rights and protections. Drawing on an analysis of the detention system in Finland, I discuss different functions of immigration detention, focusing on police powers in the governance of mobile populations. In Finland, immigration detention is separated from the criminal justice system and delegated to the police, who possess broad powers to impose coercive measures for the enforcement of immigration decisions and social control in the absence of effective judicial supervision. Despite being affiliated with the removal of rejected asylum seekers, immigration detention also is intertwined with crime prevention and control of irregular migration. In addition to deprivation of liberty in the first place, police measures support removal procedures that continue during detention, as well as other administrative strategies to control deportable people and deter unauthorized residency, involving varying degrees of coercion. Though connected with criminal justice and manifestations of penal power in border criminology discussions, immigration detention can arguably be better understood as a coercive police measure, which can be employed alongside other administrative means for immigration enforcement outside of the criminal justice system.

Genesis of Legal Regulation of Pre-Trial Detention in Sweden and Ukraine: Comparative Analysis

Abstract The paper goes on to discuss the prevalence of issues in pre-trial detention practices in both Sweden and Ukraine, as noted by international and national organizations. Sweden has witnessed a growing trend in pre-trial detention statistics, while Ukraine, despite a decreasing trend in remand, faces a substantial number of cases brought against it at the European Court of Human Rights (ECHR) pertaining to pre-trial detention. The historical context reveals that these two countries have responded differently to criticism and challenges, reflecting variations in their legal systems and corresponding regulations on pre-trial detention. Nonetheless, both nations have pursued reforms with a shared objective: to improve the pre-trial detention system. Given these divergent experiences, statistical data, and overall context, it is evident that a comparative analysis of pre-trial detention policies in Sweden and Ukraine is warranted. Such a comparison can offer valuable insights into the existing problems in both countries and suggest pertinent solutions, taking into consideration their distinctive experiences and circumstances.

Conceptualising US Immigration Detention as Carceral Real Estate

AbstractThe US Immigration and Customs Enforcement operates the largest detention system in the world, holding over 35,000 people in October 2023. The vast majority of this capacity is outsourced to corrections firms, particularly the two largest, CoreCivic and GEO Group. This article analyses how private corrections firms finance US immigrant detention capacity as a specialised asset class of government real estate. To understand the emergence of “carceral real estate”, I bring political geographies of migration into conversation with economic geographies of real estate. In doing so, I argue that creating “carceral real estate” enables the abstraction and valuation of migrant life as rent and, in turn, presumes a continuously flowing, fungible migrant population. In this context, migrants valued as underpaid labour in the wider economy are re‐valued for their unproductivity in detention. And yet this idealised geography of human and economic flows never fully materialises, but is instead rife with volatility, disruption, and political contestation. The article closes by discussing implications for abolition geographies.

Advancing Research To Address The Health Impacts Of Structural Racism In US Immigration Prisons.

The US is the world leader in imprisoning immigrants. Its mass immigration detention system emerged as an extension of mass incarceration, rooted in a legacy of racist US immigration and criminal laws. Immigration policy is a structural determinant of health that negatively affects the health of imprisoned immigrants, their families, and their communities. The systemic harms of "detention facilities," which we refer to as "immigration prisons," have been extensively documented, yet incrementalist reforms have failed to result in improved outcomes for immigrants. We argue that ending the practice of immigrant imprisonment is the most effective solution to mitigating its harms. Community-based programs are safer and less expensive than imprisonment, while also being effective at ensuring compliance with government requirements. We identify several priorities for researchers and policy makers to tackle the health inequities resulting from this structurally racist system. These include applying a critical, intersectional lens to studying the policies and practices that drive imprisonment, engaging affected communities in research and policy development, and creating an accountable and transparent system of data collection and release to inform health interventions. The reliance of the US on immigrant imprisonment is a policy choice with immense social and economic costs; dismantling it is critical to advancing health equity.

무죄추정원칙에 비추어 본 현행 구속자석방제도의 문제점 및 개선방안

Our Constitution stipulates the principles of due process (Article 12 (1)) and the presumption of innocence (Article 27 (4)) as in order to maximize the freedom of the person, which is a prerequisite for guaranteeing all basic rights. In particular, the principle of presumption of innocence is the principle that in a criminal trial, a suspect or defendant should be treated as innocent until a guilty verdict is finalized, and the disadvantages should be limited to the minimum necessary. Therefore, since the principle of presumption of innocence is a principle that limits the restraint of the person itself, investigation and trial in criminal procedures are, in principle, required to be conducted in a state of detention. Accordingly, personal restraint in criminal procedures should be exceptionally used only in cases where it is deemed impossible to achieve the purpose of criminal proceedings because it is impossible to effectively respond to crimes by means other than restraint. If alternative means other than restraint are possible, a system should be prepared to select alternative means according to the principle of proportionality.
 Based on these constitutional values, our Criminal Procedure Law has established the principle of investigation without detention (Article 198 of the Criminal Procedure Act) and trial without detention in the operation of the person restraint system. Regulations on the system of personal detention and release of persons under arrest have been revised. However, looking at the reality of the operation of the arrest and release system, it is questionable whether these institutional devices are properly contributing to the realization of constitutional values and principles of criminal procedure law. For example, there is not much difference in the rate of release by adjudication against detention compared to before the introduction of the arrest warrant review system, and the operation of the bail system has also increased the possibility of realizing the principle of trial without detention by introducing various conditions for bail after the 2007 revision of the Criminal Procedure Act. Despite this, the court arrest rate has increased, and the rate of permission for bail has decreased rather than before the introduction of various bail conditions. This trend in statistics leads us to infer that the detention review and bail system, contrary to the purpose of the revision efforts to lower the arrest rate, do not function as practical control means to curb unnecessary detention and prevent the prolongation of detention. Therefore, it is necessary to find a plan that can actually work as an ex post means to realize the constitutional value of the current detainee release system.

Reproductive Justice in the U.S. Immigration Detention System.

Reproductive coercion extends from a historical context in which the obstetrics and gynecology profession has interfered with the reproductive and bodily autonomy of immigrants. We provide illustrative examples of historical and contemporary immigration policies that allow mechanisms of reproductive control to persist within the immigration detention system. We end by compelling obstetrician-gynecologists to act as agents of change by leveraging their social, economic, and political power to resist and eliminate structures and norms that enable reproductive oppression of immigrant groups in detention.

Challenges and countermeasures of urban water systems against climate change: a perspective from China

Urban water systems are facing various challenges against climate change, impacting cities’ security and their sustainable development. Specifically, there are three major challenges: submersion risk of coastal cities as glaciers melt and sea level rises, more and severe urban flooding caused by extreme weather like intensified storm surge and heavy precipitation, and regional water resource patterns challenged by alteration of spatial distribution of precipitation. Regarding this, two strategies including proactive adaptation and positive mitigation were proposed in this article to realize the reconstruction and optimization of urban water systems, to enhance their resilience, and eventually increase their adaptability and coping ability to climate change. The proactive adaptation strategy consists of 1) construction of sponge cities to accommodate the increased regular rainfall and to balance the alterations of spatial redistribution of precipitation; 2) reconstruction of excess stormwater discharge and detention system to increase capability for extreme precipitation events based on flood risk assessment under future climate change; 3) deployment of forward-looking, ecological, and integrated measures to improve coastal protection capability against inundation risks caused by climate change and sea level rise. The positive mitigation strategy is to employ the systematic concept in planning and design and to adopt advanced applicable energy-saving technologies, processes, and management practices, aiming at reduction in flux of urban water systems, reinforcement in energy conservation and carbon reduction in both water supply systems and wastewater treatment systems, and thus a reduction of greenhouse gas emission from urban water systems.

DACA legal services: One federal policy, different local implementation approaches

AbstractIn the United States, the absence of federal funding and coordination for immigration legal services often means that local resources determine immigrants' access to justice. Many of these resources go toward supporting immigrants caught in the detention and deportation system. Yet local support is also critical for implementing federal benefits programs such as the 2012 Deferred Action for Childhood Arrivals (DACA) program. In this article, we draw on 146 interviews with representatives of legal services providers and their nonprofit collaborators in three immigrant‐dense metropolitan areas—the Greater Houston Area, the New York City Metro Area, and the San Francisco Bay Area—to analyze the distinct, place‐specific service and collaboration models that have emerged over the last decade to meet demand for DACA implementation support. Specifically, we examine how local context shapes the types of actors that immigrants can turn to for immigration legal services, and how they have coordinated on the ground in distinct ways during a time of increasing uncertainty.

Punishment before Trial: The Case for Reforming Pretrial Detention in Nigeria

Abstract In decent society, before a person is punished, they must have committed a crime. The laws of democratic countries prohibit punishment before trial. In Nigeria, that prohibition is contained in the constitution which grants everyone accused of crime, the right to a fair trial and the right to be presumed innocent until otherwise is proven. This paper tries to show that despite these constitutional protections given to all persons in Nigeria, pretrial detainees who are merely accused of crimes suffer extremely punitive conditions before they are subjected to a trial. This paper demonstrates the failure of the Nigerian pretrial detention system to protect the dignity of pretrial detainees whose guilt has not been proved before a court. At the end, this paper draws ideas from Ghana and United States of America, of reforms that could help Nigeria fix its broken pretrial detention system.

일제의 식민지 통치를 위한 사법적 통제에 관한 연구

The mechanism of judicial control used as a means of colonial rule by the Japanese Empire, which was confirmed through this paper, is as follows.
 First, the revival of flogging and the immediate resolution of crimes in the early days of colonialism were typical means of punishment in which the threatening colonial rule of the time was reflected in the realm of the judicial control model. Under the pretext of introducing a modern judicial system under the guise of introducing a modern judicial system, Japanese colonial rule was revived as a traditional means of punishment, active use of it, introduction and operation of modern prisons, and active enforcement and expansion of death sentences and executions. It was used as a means of colonial rule to detain and oppress the people who resisted.
 Second, the detention system using colonial modern prisons is characterized by the birth of a group of ‘criminals’ due to the introduction of modern punishment in colonial Joseon in the 1910s, and the active use of pre-modernity in controlling them. This well shows the introduction of the barbaric and formal modernization process that Korea had to undergo as a colony. After opening as Gyeongseong Prison on October 21, 1908, it was used to arrest and detain numerous patriots who resisted Japanese imperialism.
 Third, it is a well-known fact that a significant number of anti-Japanese activists as well as the people of Joseon were executed during the Japanese colonial era. In particular, the death penalty for anti-Japanese independence activists, that is, ideological criminals (political criminals), is sufficient to raise suspicions that the judicial punishment of the Japanese Empire was excessively abused. Furthermore, it was confirmed that the death penalty was used as a means of oppressive rule by the Japanese colonial rule.

Study on the applicability of sponge city concept to flood resilient in Sri Lankan cities: Boralesgamuwa and Sub Urban Areas

In the last few decades, climate change and urbanization have made natural disasters worse all over the world. This has increased the likelihood of flash flood disasters. The purpose of this research is to determine if the six key processes (retention, detention, infiltration, purification, storage, and drainage system) of the China sponge city concept have been accounted for in the projects carried out to construct flood-resilient towns in Sri Lanka, as well as the influence of flood mitigation. This research has identified projects that have adapted the concept's main processes by reviewing the report of the Weras Ganga Development Plan, conducting key informant interviews, and a field survey. As a result, flood height is reduced in Boralesgamuwa and sub-urban areas. But some stages are missed because the SCC is not applied as a concept to flash flood control projects in Sri Lanka.

Resilience effect of decentralized detention system to extreme flooding events

Abstract The experiences from recent urban flooding events suggest that the conventional centralized detention systems based on detention size expansion with minimum costs need to accommodate the extreme flooding events exceeding their design capacity. This study investigated the resilience effects of decentralized detention systems to address extreme flooding events in urban areas. An integrated flood resilience measure that integrates the regional performance of sub-basins with a decentralized flood control system was proposed and applied to an urban watershed including five sub-basins. Hydrologic and hydraulic analysis to quantify the hydrologic responses and resilience of the watershed to flooding scenarios was performed using the Hydrological Modeling System and Geospatial River Analysis System of Hydrological Engineering Centre models. The results identified the best locations of distributed detention ponds and characterized the effects of the decentralization levels of the detention system on enhancing flood resilience to extreme events. Additionally, an increase in the resilience effects of the decentralized detention system was found in the cases of more extreme flooding events from the combined impacts of high-intensity rainfall and land cover change. The findings suggest insights into incorporating decentralization strategies into decision-making on detention systems to resiliently cope with extreme flooding events in urban watersheds.

Perception of Procedural Justice Amongst Previously Incarcerated Youth: Procedural Justice in Incarcerated Youth.

Violence among incarcerated youths is a serious public health issue and an area of marked health disparities. Procedural Justice is an ethical framework to guide policy approaches in the criminal justice system. The purpose of our study was to evaluate youth perception of neutrality, respect, trust, and voice while incarcerated. Young people ages 14 to 21 previously incarcerated in a juvenile detention facility were interviewed regarding their perceptions of procedural justice. Participants were recruited from community-based organizations. Interviews were semi-structured, lasting for 1 hr. Interviews were coded for themes related to procedural justice. Twenty-eight participants were interviewed regarding their experience with procedural justice while incarcerated. Key themes included: Neutrality: Participants felt that they were treated impartially regarding everyone receiving the same punishment for offenses; however, levels of punishments for offenses were inconsistent. Respect: Participants often felt disrespected by staff. Trust: The participants did not feel safe to trust. Voice: Participants felt they had no voice while incarcerated. Previously incarcerated youth perceptions indicated a need for more training in the juvenile detention system to enable staff members to have a better understanding of procedural justice and to appropriately utilize it.

Forever Prisoners: How the United States Made the World’s Largest Immigration Detention System by Elliott Young

Forever Prisoners: How the United States Made the World’s Largest Immigration Detention System by Elliott Young