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Topic: Detention (Imprisonment)

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JOHNSON v. WEINER, FL SC, Nov. 17, 1944 To be civilly liable for false imprisonment, one must have personally and actively participated therein directly or by indirect procurement, and all those who, by direct or indirect procurement, personally participate in or proximately cause the false imprisonment and unlawful detention are liable. "False imprisonment" is the unlawful restraint of a person against his will, and gist of action is the unlawful detention of plaintiff and deprivation of his liberty. prosecution will lie, and one for which false imprisonment will lie, is that ill the former the detention is malicious but under the due forms of law, whereas in the latter, the detention is without color of legal authority. www.forerunner.com /fyi/law/raney-v-aw/reference/johnson.html   (803 words)

Search the Opinions of the US Supreme Court IV(c), and if it returns him to his original place of imprisonment prior to that trial, charges "shall" be dismissed with prejudice, Art. The post-removal-period detention statute, read in light of the Constitution's demands, implicitly limits an alien's detention to a period reasonably necessary to bring about that alien's removal from the United States, and does not permit indefinite detention; the application of that limitation is subject to federal court review. IV(e)-bars further criminal proceedings when a defendant is returned to the original place of imprisonment before trial. neuro.law.cornell.edu /supct/search/search.html?query=imprisonment&scope=onlysyllabi   (803 words)

Police Liability for False Arrest, False Imprisonment and Malicious Prosecution False imprisonment is defined as the A unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty. When a detention is predicated upon no process, false imprisonment is an available remedy and liability depends on whether such detention without supporting process was legally authorized under the circumstances. A false imprisonment claim under ' 1983 is based on the protections of the Fourteenth Amendment against deprivations of liberty without due process of law as well as the Fourth Amendment’s prohibition on unreasonable seizures. www.grsmb.com /CM/Articles/Articles40.asp   (3194 words)

Mandatory Detention Laws Mean Mandatory Injustice Mandatory detention laws do not allow the competent authorities to consider all the circumstances of a case in committing a person to detention and will therefore always be arbitrary in that they fail to meet the criteria of appropriateness and justice. Since mandatory detention sentencing was introduced in the smaller populated Northern Territory, the growth and rate of growth in juvenile detention has been higher than in any other jurisdiction. The statute prohibits a court from suspending a term of imprisonment imposed under the mandatory sentencing provisions. www.dci-au.org /html/bath.html   (9253 words)

LIFE IMPRISONMENT The two exceptions to this are offenders who have been sentenced to life imprisonment, who are eligible for a UTA only 3 years prior to their parole eligibility date, and offenders sentenced to detention for an indeterminate period of time, who must serve 3 years before being eligible. The four classifications are: life imprisonment as a minimum sentence with no eligibility for parole for 25 years, life imprisonment as a minimum sentence with no eligibility for parole for 10 to 25 years, life as a maximum sentence and indeterminate sentences imposed on Dangerous Offenders. There are four classifications of indeterminate sentences in Canada: life imprisonment as a minimum sentence with no eligibility for parole for 25 years, life imprisonment as a minimum sentence with no eligibility for parole for 10 to 25 years, life imprisonment as a maximum sentence and indeterminate sentences imposed on Dangerous Offenders. www.johnhoward.ab.ca /PUB/C40.htm   (9253 words)

Myanmar: Facing Imprisonment: Prisoners of Concern to Amnesty International - Amnesty International Among those imprisoned are the elderly and infirm, individuals with chronic mental and physical health problems made worse by their treatment in detention, and persons who were juveniles at the time of their arrest and have been held in prison with adults. Amnesty International is concerned that in addition to being a gross injustice, imprisonment has had grave effects on the health of political prisoners, on their families, and that former prisoners of conscience are subjected to further discrimination and harassment after release from prison. According to information available about these persons, at least 21 persons, including three NLD Members of Parliament elect, who were sentenced to seven years’ imprisonment in 1998, had reached the end of their sentence with time off for parole. web.amnesty.org /library/index/engasa160072004   (9253 words)

Louisiana False Imprisonment Law LA R.S. False imprisonment is the intentional confinement or detention of another, without his consent and without proper legal authority. Whoever commits the crime of false imprisonment shall be fined not more than two hundred dollars, or imprisoned for not more than six months, or both. www.babcockfirm.com /statutes/falseimprisonment.html   (9253 words)

b o r d e r l a n d s e-journal Later, in response to international protests over violations of the non-refoulement clause of the 1951 Refugee Convention, Haitians were first interned in camps outside the reaches of U.S law at Guantanomo Bay, that recurring place of imprisonment for the denationalised internee, and then sent to Krome detention center on the U.S mainland. The camp as dislocating localization is the hidden matrix of the politics in which we are still living, and it is this structure of the camp which we must learn to recognise in all its metamorphoses into the zones d'attentes of our airports and certain outskirts of our cities. The camp as exceptional space is both inside and outside the nation: it is excluded from and at the same time included in the space of the national by its inscription within the very juridical and political structures that decree its exclusion. www.borderlandsejournal.adelaide.edu.au /vol1no1_2002/perera_camp.html   (9253 words)

LIFE IMPRISONMENT The two exceptions to this are offenders who have been sentenced to life imprisonment, who are eligible for a UTA only 3 years prior to their parole eligibility date, and offenders sentenced to detention for an indeterminate period of time, who must serve 3 years before being eligible. The four classifications are: life imprisonment as a minimum sentence with no eligibility for parole for 25 years, life imprisonment as a minimum sentence with no eligibility for parole for 10 to 25 years, life as a maximum sentence and indeterminate sentences imposed on Dangerous Offenders. There are four classifications of indeterminate sentences in Canada: life imprisonment as a minimum sentence with no eligibility for parole for 25 years, life imprisonment as a minimum sentence with no eligibility for parole for 10 to 25 years, life imprisonment as a maximum sentence and indeterminate sentences imposed on Dangerous Offenders. www.johnhoward.ab.ca /PUB/C40.htm   (6266 words)

Human Rights and Equal Opportunity Commission Website: Children's Rights The Bill provides that a law of the Commonwealth or of a State or Territory must not require a court to sentence a person to imprisonment or detention for an offence committed when that person was a child. Mandatory detention restricts the court's capacity to ensure that the punishment is proportional to the seriousness of the offence and in relation to the rehabilitative options. Mandatory detention laws were enacted in Western Australia and the Northern Territory in 1996 and 1997 respectively. www.hreoc.gov.au /human_rights/children/mandatory_briefing.html   (4426 words)

OSCN Found Document:ALSUP v. SKAGGS DRUG CTR. All who by direct act or indirect procurement, personally participated in, or proximately cause the false imprisonment or unlawful detention of another, are liable therefor. False arrest and false imprisonment as causes of action are indistinguishable. Where one is imprisoned without authority of law the presumption arises that the imprisonment is unlawful. www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=58234   (1380 words)

"False Imprisonment" Defined & Explained FALSE IMPRISONMENT - Any intentional detention of the person of another not authorized by law is false imprisonment. To punish the wrong done to the public by the false imprisonment of an individual, the offender may be indicted. A false imprisonment action may also be maintained if 'the defendant unlawfully detains the [plaintiff] for an unreasonable period of time' after an otherwise legal seizure or arrest. www.lectlaw.com /def/f082.htm   (242 words)

Supreme Court On Life Imprisonment - News.Indlaw.com A life convict from West Bengal had approached the apex court contending that he had already undergone more than 21 years of imprisonment (at the time of filing the writ in 1998) and that his further detention was illegal. The Supreme Court today held that life imprisonment meant rigorous imprisonment for the whole of the remaining period of the convict's natural life unless there was an order of remission by the government. Rejecting the contention, the court pointed out that the sentence of imprisonment for life was substituted for transportation and there was ample material to show that a person who was sentenced to transportation had always been subjected to hard labour. www.indlawnews.com /CE58CF67735D9A05611450BA992BE1A8   (456 words)

ZNet Foreign Policy Asylum Seekers in Australia Of these, three-quarters are eventually accepted, but only after mandatory and indefinite imprisonment in camps described by the former conservative prime minister Malcolm Fraser as "hell-holes". Many are imprisoned behind razor wire in some of the most hostile terrain on earth, deliberately isolated from population centres in "detention centres" run by an American company specialising in top-security prisons. None goes to a detention camp and most are given a "bridging visa". www.zmag.org /content/ForeignPolicy/pilger0209.cfm   (1706 words)

AILA Issue Paper--Mandatory & Indefinite Detention In June of 2001, the Supreme Court ruled that indefinite detention raises "serious constitutional concerns" and that "freedom from imprisonment lies at the heart of the liberty protected by the Due Process Clause." Despite this ruling, INS continues hold those subject to mandatory detention in jail indefinitely. The mandatory detention provisions also operate retroactively, according to the interpretation of some Department of Justice representatives, and require the detention of individuals who committed non-violent offenses that were not even deportable offenses at the time of conviction, including some misdemeanors committed years before IIRAIRA became law. The law continues to require the mandatory detention of legal residents who committed non-violent offenses, and the INS continues to effectively issue life sentences to legal residents who have already served their criminal sentences, or had none imposed. www.immigrationlinks.com /news/news1313.htm   (929 words)

MCJI Chapter 116 To constitute a false imprisonment, there must be an intentional and unlawful restraint, detention or confinement that deprives a person of his or her personal liberty or freedom of movement against his or her will. False imprisonment is the unlawful restraint of an individual’s personal liberty or freedom of movement. The restraint necessary to create liability for false imprisonment may be imposed either by actual physical force or by an express or implied threat of force. courts.michigan.gov /mcji/intentional-torts/printCh116.htm   (1123 words)

Louisiana False Imprisonment Law LA R.S. False imprisonment is the intentional confinement or detention of another, without his consent and without proper legal authority. Whoever commits the crime of false imprisonment shall be fined not more than two hundred dollars, or imprisoned for not more than six months, or both. www.babcockfirm.com /statutes/falseimprisonment.html   (64 words)

psychology-humanrights-l@hrea.org - Imprisonment and detention in psychiatric clinics of human rights defend Urlaeva was arrested during a demonstration and forcibly detained and "treated" in a psychiatric hospital. During its visit to the psychiatric hospital, the mission also witnessed the appalling conditions in which detained patients were held. Both women have been forcibly held in a psychiatric hospital since their arrest during a protest against human rights abuses on 27 August 2002. www.erc.hrea.org /lists/psychology-humanrights-l/markup/msg00241.html   (810 words)

The Seattle Times: Nation & World: U.S. preparing for lifetime jailing of terror suspects And military detainees are guaranteed access to the International Committee of the Red Cross and, as a result of a Supreme Court ruling, have the right to challenge their imprisonment in federal court. The Pentagon and the CIA have asked the White House to decide on a more permanent approach for potentially lifetime detentions, including for hundreds of people now in military and CIA custody whom the government does not have enough evidence to charge in courts. But no public hearings in Congress have been held on CIA detention practices. seattletimes.nwsource.com /html/nationworld/2002138192_cia02.html   (858 words)

Refugee Action Committee, Canberra - Inside the detention centres See also Phillip Ruddock's reply claiming the article contains "errors of fact and distortions" and arguing that "detention is humane and is not designed to be punitive", but not denying (or even addressing) the article's main thesis, that detainees display serious psychological symptomsas a result of their imprisonment. Current immigration policy, in the form of prolonged detention of asylum seekers and the move to temporary visas for some, is resulting in harm to the mental health of already vulnerable children, adolescents and adults. Immigration detention profoundly undermines the parental role, rendering the parent impotent, unable to provide adequately for their child(ren)’s physical and emotional needs... www.refugeeaction.org /inside/inside.htm   (2816 words)

Louisiana False Imprisonment; Offender Armed with Dangerous Weapon LA R.S. False imprisonment while armed with a dangerous weapon is the unlawful intentional confinement or detention of another while the offender is armed with a dangerous weapon. Whoever commits the crime of false imprisonment while armed with a dangerous weapon shall be imprisoned, with or without hard labor, for not more than ten years. Louisiana False Imprisonment; Offender Armed with Dangerous Weapon www.babcockfirm.com /statutes/falseimprisonmentweapon.html   (89 words)

Special Camp No. 7 for German prisoners at Sachsenhausen Following the completion of the war negotiations, these camps were replaced by so-called Special Camps that were intended for long-term internment and imprisonment. Sachsenhausen was liberated by soldiers of the Soviet Union in April 1945; after the war, the camp was located in the Soviet zone of occupation in eastern Germany. Special Camp No. 7 was originally located in Weesow near Werneuchen, but on August 10, 1945, the first transport of 150 prisoners were transferred to the former Nazi Sachsenhausen concentration camp and housed in the 60 wooden barracks which had formerly held the Communist political prisoners of the Nazis. www.scrapbookpages.com /Sachsenhausen/SpecialCamp7.html   (89 words)

word_6.doc There are two indefinite sentences of imprisonment: life imprisonment, which is the mandatory penalty for murder and the maximum penalty for a number of offences including manslaughter; and preventive detention, which is mainly for repeat sexual and violent offenders. Alternatives to Imprisonment ...73 \par }\pard\plain \nowidctlpar\widctlpar\adjustright \f16\lang5129\cgrid { \par }\pard \qj\nowidctlpar\widctlpar\adjustright {\b\f1 9. The same is even more true for life imprisonment, which accounts for a tiny percentage of receptions, but has the potential to account for a significant increase in the prison population due to the long sentences served. www.justice.govt.nz /pubs/reports/1998/imprisonment/word_6.doc   (6019 words)

Lawlink NSW: 6. Periodic Detention When revoking an order for periodic detention, a court should have the discretion to impose a term of imprisonment which is less than the unexpired portion of the periodic detention order where the court considers this to be appropriate in the circumstances of the case. Periodic detention already has an inherent element of leniency, and to permit offenders to remain outside custody for a portion of their sentence unspecified by the court makes it an even more lenient sentencing option. At present, periodic detainees who have served a portion of their terms may be placed on Stage II of the periodic detention scheme. www.lawlink.nsw.gov.au /lrc.nsf/pages/R79CHP6   (6019 words)

Szehinsky decision An invalid arbeitskarte was evidence that the person had broken a labor contract, another “crime” that could result in camp imprisonment and death. It also claims that he was involved in a 1945 prisoner transport from Sachsenhausen to the concentration camp at Mauthausen, after which he likely went on to serve as a guard at the concentration camp at Flossenbürg. Conditions in the camps were inhuman: disease was rampant, sanitation, medical care, and heat were nonexistent, and inmates received little food, less than 1,000 calories per day. www.dickinson.edu /magazine/fall02/szehinsky.html   (6019 words)

Refugee Action Committee, Canberra - Inside the detention centres See also Phillip Ruddock's reply claiming the article contains "errors of fact and distortions" and arguing that "detention is humane and is not designed to be punitive", but not denying (or even addressing) the article's main thesis, that detainees display serious psychological symptomsas a result of their imprisonment. Baxter Watch - "a web site for the people imprisoned in the Australian Government's new Baxter Detention Centre to keep the outside world informed about what is going on in there" Includes horrifying details of this new state-of-the-art electronic prison, including a report of life in Baxter from an eyewitness. Current immigration policy, in the form of prolonged detention of asylum seekers and the move to temporary visas for some, is resulting in harm to the mental health of already vulnerable children, adolescents and adults. www.refugeeaction.org /inside/inside.htm   (6019 words)

Shoplifting, Detention Arrest, security consultant, Chris McGoey, shoplifting security expert To establish a solid base for probable cause and prevent false arrest claims, there are six universally accepted steps that a merchant should follow before deciding to stop someone suspected of shoplifting: Before detaining anyone, you must establish Shoplifting Probable Cause. You must see the shoplifter approach your merchandise www.crimedoctor.com /shoplifting2.htm   (1829 words)

HREOC Website : Face The Facts The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; He considered that on the facts of the case there was a detention by the Commonwealth and that since it was not justified by the powers conferred by the Parliament under the Migration Act it was not justified by law. Note: while the immigration detention policy and legislation applies equally to people who overstay their visas and those whose visas have been cancelled, most detainees have been unauthorised arrivals, mostly asylum seekers. www.humanrights.gov.au /racial_discrimination/face_facts/ref_txt.htm   (1829 words)

Restorative Justice - Dissel, Amanda. Reducing the Use of Imprisonment and Alternatives to Detention Reducing the Use of Imprisonment and Alternatives to Detention Proceedings of the Pan- African Confernce on Penal and Prison Reform in Africa. Reducing the Use of Imprisonment and Alternatives to Detention Based on which role you have, you get a selection of skins that you can switch between. www.restorativejustice.org /asp/details.asp?ID=4213   (267 words)

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