Описание: Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the U.S. bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. As the first book-length treatment on how bail reproduces racial and economic inequality throughout the criminal justice system, the book explores reform efforts as jurisdictions begin to move away from money bail systems and the attempts of the bail bond industry to combat reform. Accessibly written, Punishing Poverty gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.
The terms "unlawful detention" and "false imprisonment" are often used interchangeably. Unlawful detention is commonly used to determine, in the context of immigration cases, whether the Secretary of State has acted without valid legal authority to detain an individual. However, false imprisonment refers to a situation under common law, which gives rise to a civil claim for damages. It is a strict liability tort and no demonstrable loss is needed to establish this. For the purposes of this guide the term unlawful detention will be used more generally. This guide will explore the mechanics of bail and where bail is refused, how to secure through judicial review if there has been an assessment that detention may be unlawful. In addition, where there is historic period of detention, this guide will look at how best to start a civil claim in the civil courts.
This guide will also help practitioners to navigate through the law and policies on detention and the important common law principles that have developed over time, to limit detention. These are now known as 'Hardial Singh principles'. It hopes to provide some clarity on how to make an assessment as to the level of damages available and whether such a claim should be pursued if only 'nominal damages' are available.
ABOUT THE AUTHOR
Samina Iqbal is a senior public law and immigration practitioner with over 20 years' experience, who also has a background in family law. Samina was also first appointed as a Fee-Paid Judge in the First-Tier Tribunal (Immigration and Asylum Chamber) in 2006 and has subsequently been appointed to the Social Entitlement Chamber in 2018 and in 2017, as an Environment and Traffic Adjudicator.
She is committed to inspiring and training more junior women at the Bar, being acutely aware of gender disparities in the profession not just within the UK but also more pervasively in South-East Asia. She has been recognised for her selfless social activism and dedication; and was recently awarded 'Champion of the Year' for Inspirational Women in Law Awards 2020 and nominated as 'International Pro Bono Barrister of the Year' in the Advocate Bar Pro Bono Awards 2020.
Samina's growing specialism has been in challenges to unlawful detention, crossing over with claims for damages in the civil courts. Her expertise and vast experience in this area means she is often considered by her instructing solicitors as the "go-to" person for such cases. She has also delivered extensive training seminars and webinars in this areas of the law.
Описание: Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the U.S. bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. As the first book-length treatment on how bail reproduces racial and economic inequality throughout the criminal justice system, the book explores reform efforts as jurisdictions begin to move away from money bail systems and the attempts of the bail bond industry to combat reform. Accessibly written, Punishing Poverty gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.
Автор: Libor Klimek Название: European Arrest Warrant ISBN: 3319359614 ISBN-13(EAN): 9783319359618 Издательство: Springer Рейтинг: Цена: 18167.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the European arrest warrant as a successful and effective instrument for judicial co-operation in criminal matters in the European Union. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.
Автор: Libor Klimek Название: European Arrest Warrant ISBN: 3319073370 ISBN-13(EAN): 9783319073378 Издательство: Springer Рейтинг: Цена: 18167.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the European arrest warrant as a successful and effective instrument for judicial co-operation in criminal matters in the European Union. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.
Автор: John Rubin, Julie Ramseur Lewis Название: North Carolina Defender Manual, Volume Two: Trial ISBN: 1560116889 ISBN-13(EAN): 9781560116882 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 7484.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: View this manual, a reference the School's Indigent Defense Manual series, free of charge at defendermanuals.sog.unc.edu.Volume Two of the North Carolina Defender Manual is a resource for public defenders and appointed counsel who represent poor people accused of crimes. The book focuses primarily on criminal procedure at the trial stage. Fifteen chapters cover a variety of topics, such as:personal rights of the defendant, selection of the jury, opening and closing arguments, witness examination, and appeals, post-conviction litigation, and writs.
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