Unlawful Arrest Research Articles

UPAYA GANTI RUGI AKIBAT TIDAK SAHNYA PENANGKAPAN DAN PENAHANAN PASCA DIKELUARKANYA PERATURAN PEMERINTAH NO. 92 TAHUN 2015 TENTANG PELAKSANAAN KUHAP

The point of research is compensation, so the aim of this research was to determine claims for losses due to it unlawful arrest and detention through the pretrial process. This research uses yuridis normative law research analyst with using approach of law (statute approach) and conseptual approach so it’s using the secondary dates sources such as primary,secondary and tertiary legal materials. Dates was collected with library research and analyzed by deductive logic. That the point to research about the compensation due to the implementation of the demands it unlawful arrest and detention through the pretrial process. Basic legal arrangement which is used to determine the pretrial process is the Code of Criminal Procedure (Criminal Procedure Code). The results showed that to know whether the Government Order No. 92. 2016 on implementing the Criminal Code relating to the increase in the amount of compensation can be implemented with a simple process in accordance with the principles of simplicity and fairnes. Based on the results of research and discussion in mind that the process of implementation efforts related to the costs of compensation for damages can not be done easily, because they still have to refer to the decision of the Minister of Finance 983 / KMK.01 / 1983 that was already in need of revision due to too many stages that resulted the process becomes long in accordance with Government Regulation No. 92. 2015 which requires in Article 11, paragraph 2, which reads Payment of compensation be made within 14 (fourteen) working days from the date of claim for damages is accepted by the minister who organized. The important thing from this research is to porpose immediately change the Indonesian Minister of Finance decision No. 983/KMK.01/198, into new decision implementing government regulation No.92. 2015. So in this case it mean that the proces of disbursement of compensation must be implemented is easy and quick short.

Investigation Procedures in Syariah Criminal Cases: Challenges Faced by Malaysian Syariah Enforcement Officers in Exercise of Their Arrest Power

Every society yearns for justice and fundamental liberties. Nevertheless, the present global demand for unqualified freedom and liberties has turned the task of conducting an arrest into a daunting one. First and foremost, an arrest must be carried out in accordance with law. Secondly, an arrest must also conform to principles on human rights and liberties, which is the matter of striking a balance between individual rights and the rights of the society. In this matter, individual rights to move freely without being subjected to unlawful arrest must be balanced up with the rights of the society to be protected from crimes. Such challenges are also faced by the syariah enforcement officers when conducting arrest on suspects in Malaysian syariah criminal cases. Hence, this research analyses the issue of arrest in Malaysian syariah criminal cases by looking at syariah principles and relevant legal provisions. It then identifies problems pertaining to the issue of arrest and suggests some relevant and practical solutions to them. It is also important to note that most of the syariah criminal cases referred to in this research are cases which are still under investigation. As such, all names and references have been camouflaged for secrecy purposes. DOI: 10.5901/mjss.2014.v5n23p471

The Albanian mechanism for guaranteeing the right to compensation for unjust imprisonment and wrongful conviction, in the light of obligations arising from international acts

Punishment with imprisonment and the security measureof detention on remand, are among the most severe sanctions and convictions provided by the albanian criminal legislation. The unjust serving of such measures or punishments implies serious psychological and economic consequences for both the convicted person and his/her family members. Similar to the infringement of any right and freedom, the unjust infringement of the right to liberty, induces the obligation to return the person in the previous state and to provide compensation for related consequences. Besides the right to effective remedy, the international human rights acts provide, specifically, for the right to compensation of the person in cases of an unlawful arrest or detention, as well as in the case of serving an unjust punishment as a result of the miscarriage of justice. In both hereof mentioned cases, these acts acknowledge the right to compensation for unjust imprisonment, while leaving it to the member states to establish a special mechanism under the domestic legislation which would enable actual fulfillment of such right for the citizens of the said country. This paper is an attempt to present an overview of the Albanian legislation regarding the mechanism established toward the effective implementation of the right to compensation, in the case of decisions of the respective state institutions causing the unlawful or unjust imprisonment, from the point of view of respective international obligations.

Zero Tolerance, School Shootings, and the Post-<em>Brown</em> Quest for Equity in Discipline Policy: An Examination of How Urban Minorities Are Punished for White Suburban Violence

Nicholas P. Triplett University of North Carolina, CharlotteAyana Allen University of North Carolina, CharlotteChance W. Lewis University of North Carolina, CharlotteOn May 16, 1954, the landmark Brown v. Board of Education of Topeka Kansas Supreme Court decision abolished de jure segregation of American schools, and ushered in a new era of integration that became the gold standard for defining the terms of formal equality (Guinier, 2004, p. 93) under constitutional law. To this end, the Brown decision engendered myriad of expectations such as renewed faith and hope, however, sixty years later, the promise of educational equity in American schools remains unfulfilled (Hanson, 2005). Many of the social ills that disenfranchised the social, political, economic, and educational realities of minorities in general and African Americans in particular remain embedded in the fabric of American society. For instance, school discipline has emerged as an imperative in the quest for civil rights in education post-Brown, and more specifically within the last three decades. In fact, on January 8, 2014, Secretary of Education, Arne Duncan and Attorney General, Eric Holder, released a series of guidelines, which urged schools to abandon zero tolerance discipline policies (U.S. Department of Education, 2014). Officials contend that such policies do not promote the legal or democratic principles of equal educational opportunity (Hanson, 2005), and have and continue to punish minority students more harshly and more frequently than their White counterparts (U.S. Department of Education, 2014).The Obama administration's call to action is representative of a recent trend in the increased legal and political scrutiny of zero tolerance, discipline disproportionality, and the pervasive overlap between educational institutions and the criminal justice system, generally termed the school to prison pipeline or jailhouse track (Advancement Project, 2005; Wald & Losen, 2003). In January of 2010 a federal class action lawsuit was filed which challenged the New York Police Department's unlawful arrest of school children for non-criminal violations (New York Civil Liberties Union, 2010). Similarly, in August 2012, the U.S. Department of Justice found that officials in Meridian, Mississippi helped to operate a school-to-prison pipeline, wherein children arrested in local schools were subjected to incarceration in violation of their constitutional rights (U.S. Department of Justice, 2012). Moreover, on December 12, 2012, the Senate Judiciary Committee of the U.S. Congress held the first ever hearing on issues related to the school-toprison pipeline (Advancement Project, 2012). The unprecedented legal and political visibility of such cases has brought renewed public attention to zero tolerance mandates and racial discipline disproportionality, a phenomenon that has been documented since the 1970s (The Children's Defense Fund, 1975). Through their focus on student constitutional rights, these collective actions signal a paradigmatic shift in the debate over school discipline, from a racialized perspective based on fear and punishment to one that more closely adheres to the ideals of educational equity embodied in the Brown decision.The purpose of this study is to examine the relationship between school shootings and zero tolerance discipline mandates in order to analyze whether the demographic characteristics of school gun violence incidents during the zero tolerance era justify the disproportionate adoption and application of punitive discipline in urban, high minority schools. This article commences with a discussion of the historical evolution of school discipline, and seeks to position the harmful effects of zero tolerance policies and racial disproportionality in discipline within the broader context of racial inequality in education since the Brown decision. The study presents data and analysis on school shootings from 1990-1999, a period of rapid expansion of zero tolerance policies. …

La prévention des violences faites aux travailleuses du sexe : obstacles et leviers

We reviewed evidence from more than 800 studies and reports on the burden and HIV implications of human rights violations against sex workers. Published research documents widespread abuses of human rights perpetrated by both state and non-state actors. Such violations directly and indirectly increase HIV susceptibility, and undermine effective HIV-prevention and intervention efforts. Violations include homicide; physical and sexual violence, from law enforcement, clients, and intimate partners; unlawful arrest and detention; discrimination in accessing health services; and forced HIV testing. Abuses occur across all policy regimes, although most profoundly where sex work is criminalised through punitive law. Protection of sex workers is essential to respect, protect, and meet their human rights, and to improve their health and wellbeing. Research findings affirm the value of rights-based HIV responses for sex workers, and underscore the obligation of states to uphold the rights of this marginalised population.

Warfare in the American Homeland: Policing and Prison in a Penal Democracy (review)

Reviewed by: Warfare in the American Homeland: Policing and Prison in a Penal Democracy Katy Ryan Joy James , ed. Warfare in the American Homeland: Policing and Prison in a Penal Democracy. Durham: Duke UP, 2007. 376 pp. $24.95. Activists and scholars struggle to come up with the comparison, the statistic, the map that will convey the enormity of the penal crisis in the United States: over two million people are locked in cages, and another five million are tracked by some form of state surveillance. Four maps of the United States, designed by Rose Heyer, appear at the beginning of Warfare in the American Homeland: Policing and Prison in a Penal Democracy. The dates for the maps are 1900, 1940, 1980, and 2004. With each map, colored dots are added to identify new prison facilities, and red dots indicate prisons built between 1981 and 2004. With the last map, the country explodes into red. This visual mapping is followed by essays, diary entries, letters, interviews, and pamphlets that discuss the "American Archipelago." Edited by Joy James, these new and previously published works detail the suffering and injury [End Page 528] exacted by mass incarceration as well as the principles and actions of organized resistance. The collection uniquely frames U. S. penal practice and policing as forms of warfare with most casualties hidden from public view by propaganda, embedded reporting, censorship, and prison policy. Frank B. Wilderson's opening essay argues that the prison abolition movement is profoundly implicated in anti-blackness. A human rights activist and former official of the African National Congress, Wilderson maintains that the refusal of the radical left to absorb the lessons of Frantz Fanon, George Jackson, and Assata Shakur—to reckon with historical evidence that white supremacy trumps class exploitation as "capital's primary desire" (28)—leads inevitably to antiblack "reform" and a devastating inability to recognize the "renaissance of slavery" (28). Although the "prison abolition movement" could be discussed with greater specificity, Wilderson makes a compelling case. The "scandal" of the black subject, he argues, cannot be accommodated by Gramscian discourse any more than by American civil society. Dylan Rodriguez furthers the argument in the subsequent essay by comparing the methods and means of the slave trade with those of the prison industry, underlining that both have to do with "effective mass capture, immobilization, and bodily disintegration" (50). The Middle Passage, that sustained instance of "seaborne mass incarceration," acts as prologue to the contemporary U. S. prison regime. After Hurricane Katrina, Cornel West asked if "black suffering is required for the preservation of white America" (309). This inquiry is at the heart of this collection. Contributors return to the need to confront the legacy of slavery if we are to assess accurately contemporary human rights violations. In an essay that disputes the "few bad apples" explanation for the torture at Abu Ghraib, William F. Pinar makes essential connections between the sexualized racial violence aimed at black bodies in the United States and the sadism inflicted on people captive in U. S. prisons abroad. His essay positions the abuse of prisoners at Abu Ghraib within three "cultures of torture" in American history: lynching, the convict lease system, and abuse inside domestic prisons (290). Pinar makes clear that the image of the United States revealed by the photographs—categorically denied as being representative by American officials—is neither a new nor an inaccurate one. Jared Sexton similarly locates the sources for recent anti-democratic policies not in the passage of the Patriot Act or in the latest Executive Order, but in the "antebellum slave code and its antecedents, in colonial statute" (201). Black Americans, Sexton reminds, have always been subject to unlawful arrest and seizure as well as systematic disenfranchisement. Sexton recounts the bipartisan and judicial contempt for black citizenship that inaugurated the twenty-first century and the presidency of George W. Bush. In the name of "reconciliation" and the "democratic process," the Senate ignored the formal objection of the Congressional Black Caucus to Florida's compromised electoral vote and thus countenanced the disenfranchisement of tens of thousands of black voters. The movement, in Sexton's words, from " 'war on crime' to 'war on drugs...

Criminal Law - Determining the Suppressibility of a Defendant's Fingerprints Following an Unlawful Arrest, United States v. Olivares-Rangel, 458 F.3d 1104 (10th Cir. 2006)

Criminal Law - Determining the Suppressibility of a Defendant's Fingerprints Following an Unlawful Arrest, United States v. Olivares-Rangel, 458 F.3d 1104 (10th Cir. 2006)

Re/Presenting Self & Other: Trans Deliverance in Caribbean Texts

of which are in women's dresses with padded or exaggerated breasts and buttocks, make regular, traditional appearances in annual Festival de Santiago Apostol in Loiza Aldea, Puerto Rico and carnival celebrations in Trinidad, respectively. Tracing a his- tory of Caribbean identities outside of carnival performances is, however, much more difficult, though a tiny archive exists. Caribbean intellectual Frantz Fanon, not well-known for his liberal thinking regarding gender and sexuality, in his 1952 Peau noire, masques blancs (published in English in 1967 as Black Skin, White Masks), remarked in a footnote on the existence of what are called (in Martinique) 'men dressed like women' or 'godmothers' ('Ma Commere' in original). Generally, they wear shirts and In full quote he goes on to claim that he has not observed the overt presence of ho- mosexuality in Martinique, and he insists that he is convinced that (Ma Commeres) lead normal sex lives. They can take a punch like any 'he-man' and they are not impervious to allures of (180). Although Fanon is consumed with search for gender and sexual neuroses and pathologies, here he normalizes Martinican men dressed like women, while insisting that Ma Commeres exhibit conventional masculinity in every way except that they often wear skirts. More recently, and in a different country and context, mainstream press in Trinidad and Tobago (and several international outlets) reported Jowelle De Souza's successful court case. A Trinidadian trans woman who had a surgical sex change as a teenager, De Souza won a settlement against Trinidadian state for unlawful arrest and police harassment and received some sympathetic local press coverage after she confronted a photographer for taking pictures of her without permission. 3 Despite these few examples, unfortunately Caribbean trans lives and histories—especially those of biological women who flout gender norms—remain largely under-examined. Though popular and scholarly documentation and analysis of Caribbean unconventional genders is rare, it is not so difficult to hear about or see areas within or on edges of urban areas where biological who dress and/or live as women gather—often for prostitution (for instance in Woodbrook area of Port-of-Spain, Trinidad). The presence of Caribbean trans persons in particular areas contributes to their perceived and enforced absence in general population. It is important to address terminology I will use throughout this essay, and why I have made particular choices. I remain both ambivalent and conflicted about use of term transgender in Caribbean contexts because it originated in and seems to remain

Resistance Is Futile: The Right to Resist Unlawful Arrest in an Era of Aggressive Policing

The police are relying on more aggressive tactics in their effort to fight crime. A common complaint regarding these tactics is that innocent persons are sometimes subjected to unlawful arrest. At common law, there was a right to resist an illegal arrest. The modern trend, however, has been to eliminate the right to resist. Abrogation of the common law right is based on several factors, including the development of modern criminal procedure, the ability to seek redress via other means, and the belief that violence should not be encouraged. This article examines the history and current status of the right to resist an unlawful arrest. The authors argue that attacks on the common law right are based on a misunderstanding of the original justifications for the right and that there remains a great need for the right particularly as new police tactics increase the probability of arbitrary assertions of authority.

Resisting Unlawful Arrest in Mississippi: Resisting the Modern Trend

The national trend, during the past forty years, has been to do away with the common law right to resist an unlawful arrest. The right has been abrogated by judicial decree as well as legislative enactment. Elimination of the right is based on several factors, including the development of modern criminal procedure, the ability of criminal defendants to seek redress via other means, and the improvement of jail conditions. In the rush to eliminate a right perceived as against contemporary public policy, the courts have paid little attention to the original justification for the rule - that an illegal arrest is an affront to the dignity and sense of justice of the arrestee - and instead have focused on the alternatives to forcible resistance that have been developed, such as civil suits and the writ of habeas corpus. Mississippi is one of a dozen states that still permit a person to resist an unlawful arrest. Almost all of these states are located in the South. The question this geographical anomaly raises is why has the right to resist arrest survived in the South, and Mississippi in particular? This article suggests that a possible explanation may be the influence of uniquely Southern conceptions of honor and the right to use deadly force in self-defense. Historians have long acknowledged that Southern culture strongly supports the importance of personal honor and condones a subculture of violence. This article examines the development and history of the right to resist an unlawful arrest at common law and in the United States, scholarly criticism of the common law rule, and the current status of the rule in the United States, the Southern subculture of violence and how that relates to cases involving resisting arrest in Mississippi. All Mississippi cases involving claims of a right to resist unlawful arrest are examined. The language of the Mississippi cases provides support for the argument that the right to resist arrest has remained entrenched in Southern law, and helps to explain why Southern states generally and Mississippi in particular have chosen to retain a common law rule which has fallen into disrepute in other regions of the country.

The Right to Resist an Unlawful Arrest

The Right to Resist an Unlawful Arrest

Excluding from Evidence Fingerprints Taken after an Unlawful Arrest

Excluding from Evidence Fingerprints Taken after an Unlawful Arrest

Criminal Law: Citizen's Arrest in Assistance of Peace Officers: Defenses to Action for Unlawful Arrest and Imprisonment

Criminal Law: Citizen's Arrest in Assistance of Peace Officers: Defenses to Action for Unlawful Arrest and Imprisonment

Crimes: Right to Resist Unlawful Arrest

Crimes: Right to Resist Unlawful Arrest

Arrest. Unlawful Arrest. Order from Superior as Defense

Arrest. Unlawful Arrest. Order from Superior as Defense

Homicide. Unlawful Arrest. Right to Resist. Perdue v. State, 63 S. E. 922 (Ga.)

Homicide. Unlawful Arrest. Right to Resist. Perdue v. State, 63 S. E. 922 (Ga.)

False Imprisonment. Arrest by Order of State Court after Discharge in Bankruptcy. Release on Habeas Corpus as Evidence of Unlawful Arrest. Bennett v. Lewis et al., 66 S. W. 525 (Ky.)

False Imprisonment. Arrest by Order of State Court after Discharge in Bankruptcy. Release on Habeas Corpus as Evidence of Unlawful Arrest. Bennett v. Lewis et al., 66 S. W. 525 (Ky.)