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Background: Fazel and Favril presented a reanalysis of our previously published systematic review and meta‐analysis on the prevalence of attention deficit hyperactivity disorder (ADHD) in prison. Aims: The current paper addresses some of the criticisms of Fazel and Favril on our meta‐analysis and presents a reanalysis of the data, focusing on adult detained persons. Methods: We conducted a meta—regression on 28 studies (n = 7710) to estimae the pooled prevalence of ADHD. Results: This reanalysis yielded a pooled estimate of 22.2% for the prevalence of ADHD (95% confidence interval [CI]: 15.7; 28.6), which disagrees with the estimate given by Fazel and Favril (8.3%, 95% CI: 3.8; 12.8). Conclusion: We argue that the ADHD prevalence provided by Fazel and Favril was an underestimate due to their use of too restrictive exclusion criteria and suboptimal analysis methods. Our reanalysis on detained adults suggests a higher ADHD prevalence, which highlights the need to diagnose and treat ADHD in prison. [ABSTRACT FROM AUTHOR]

The article discusses the approaches that federal circuit courts in the U.S. have taken to determine whether federal law preempts state immigration laws that authorize or require local and state law enforcement officials to verify a person's immigration states during a lawful traffic stop, arrest, or detention. It presents case studies of some state authorities to enforce federal immigration laws including Oklahoma, Arizona and Alabama.

The mobile phone enables people to be heard through walls of confinement. During the suspension of visits to immigration detention in the COVID-19 pandemic, mobile phones were a lifeline to family and friends. There is also a long history of people using phones to document and communicate their experience in Australian-run detention to the world. The Australian government's attempts to ban mobile phones in detention provide a lens, and in this paper, a case study, to explore whether immigration detention in Australia is becoming more like prison. I argue that while the official purpose for detention remains administrative not punitive, the proposed mobile phone bans reveal the changing function of detention in Australian border control. Mobile phone bans show how people in influential roles have reimagined the legal subject of detention from the 'asylum seeker' to the 'migrant criminal'. Proposals to ban mobile phones also convey a transformation in how immigration detention is legally conceived – from a civil space under the supervision of police and the general criminal law to a more segregated space ruled from within. Drawing on scholarship on law, crimmigration, and carcerality, this paper traces how mobile phone bans came to be regarded as the natural next step in detention law-making. [ABSTRACT FROM AUTHOR]

The punishment of organizational offending has largely been overlooked by penologists, despite the fact that organizational actors such as corporations and the state perpetrate the most serious forms of offending. Accordingly, this paper represents a step toward foregrounding organizational offending within the discipline of penology. We begin by discussing the implications of several Classical School ideals and theories of punishment for organizational offending, with special emphases on challenges and contradictions. We then review control strategies that are unique to organizational offending, and we go on to contemplate how expressive and non-institutional tactics might potentially factor into how organizational offending is punished. When taken together, these sections reveal the limitations of penology's traditional assumptions of an individual offender and individual offending. We conclude by outlining our view of what a penology of organizational offending should accomplish. [ABSTRACT FROM AUTHOR]

This paper explores how love, grief and kinship operate in families' struggles for truth and justice following a death in custody of a racialised person in England and Wales. Racialised people are disproportionately vulnerable to dying in police custody. Family experiences following a custodial death are characterised by difficulty in obtaining information, delays in processes, a lack of responsiveness from authorities and an absence of resolution. Love, grief and kinship form the initial springboard for families' legal battles for justice, with women often taking leading roles in demanding state accountability through legal action and community-based campaigns. While kinship ties have traditionally been understood in mainstream scholarship as closing off family units and mitigating against principles of egalitarianism and solidarity, families' justice campaigns challenge this narrative. Families can become politicised in the course of struggle, forming alliances with groups proclaiming broader antiracist goals. This paper reveals the subversive potential of love, grief and kinship in struggles for justice in racialised death in custody cases. [ABSTRACT FROM AUTHOR]

In this paper, I analysed the events of 7th August 2020 in Warsaw, when 48 people were detained by the Polish police who brutally raided solidarity demonstration with non-binary activist Margot Szutowicz. The aim of the paper is to explore queer activism in Poland on microsociological level using Gabriel Tarde imitation theory. I tried to show how individual experience of resistance gave rise to new, innovative forms of activism which became a social phenomenon. In my research, I used in-depth interviews with some of detainees and over 180 diaries/memoirs of Polish LGBTQIA people. [ABSTRACT FROM AUTHOR]

With the legislative proposals presented as the New Pact on Migration and Asylum on 23 September 2020, the European Commission sought to overcome the political impasse in reform efforts of the Common European Asylum System. A key element of this legislative package is the broader use of border procedures. The rationale is that by 'keeping' certain asylum seekers at the borders or in transit zones, return policies would become more effective. This paper undertakes a legal assessment of the proposed border procedures in light of legal obligations arising from the Human Rights to liberty and freedom movement. It argues that the qualification of asylum seekers' entry as unauthorised seemingly pushes into a gap in human rights law, allowing for detention and area-based restrictions. However, a reconstruction of the applicable human rights standards shows that the blanket use of such measures is in fact unlawful, such that the proposal will have to be amended in that regard. [ABSTRACT FROM AUTHOR]

This paper contributes to the literature on Procedural Justice Theory (PJT) by exploring its capacity to explain the dynamic interactions between police and citizens within the context of police detention. Analysis is based on observation and interviews in police custody suites (i.e. locations where arrested citizens are formally processed and held) within one of the larger metropolitan police forces in the UK. The qualitative thematic analysis highlights how, in order to adequately understand police–detainee interactions, it is critical that PJT properly recognises (a) the importance of context for framing 'procedurally fair' encounters, (b) the central role and consequences of categorisation, and (c) the role of power in shaping police–citizen encounters. The paper concludes by exploring the implications of this research for assumptions regarding the causal ordering often assumed in the PJT literature. Specifically, we suggest that procedural justice is more than merely a mechanistic route to achieving compliance but can also be conceptualised as a 'reward' by the powerful to those already willing to be subordinated and acquiescent. [ABSTRACT FROM AUTHOR]

The mental health needs of young people who offend have become more widely recognised and attempting to meet these needs is now a global priority for governments and health agencies. Young people who offend experience a range of complex difficulties and have significantly worse health and social outcomes than their mainstream counterparts. These problems usually persist and often increase in severity through adolescence and into later life. There is growing acceptance of the potential value of co-designing services that recognise and address problems to improve the outcomes of young people with mental health problems yet to date, this methodological approach remains relatively unexplored in forensic service provision. Experience-based co-design (EBCD) is an approach to healthcare improvement that enables staff and service users to jointly co-design services. Central to the approach is the idea that understanding the experiences of service users and the 'touchpoints' (e.g., critical points or moments) in their journey through a service are integral to service improvement. The aim of this study was to explore whether EBCD could be applied to facilitate recognition of, and service developments for, young people presenting in community forensic settings. Qualitative methods used in this study included: observational fieldwork in four police custody suites (n = 30 hours), in-depth interviews with staff in community forensic services (n = 13) and researcher staff (n = 7). In this paper, the challenges of applying EBCD in community forensic settings with this population were: working with and across agencies; gaining access to participants; understanding knowledge and power dimensions amongst participants and understanding the context. This paper argues that innovative approaches to discovering the touchpoints for young people who offend – a key component of the EBCD approach - through combining analyses of secondary data and direct observations in community forensic settings can facilitate engagement with these specialist services and so provide access to relevant information about a group (i.e., young people who offend) who may be unable to participate directly in the EBCD process. [ABSTRACT FROM AUTHOR]

Forensic medicine has traditionally been understood as constituting a tension between medical and legal roles: a care-custody paradox. Rather than reinforcing this paradox, however, in this paper I will draw upon a study of Healthcare Professionals working within police custody suites in England in order to show the ways that they coproduce [Jasanoff, S., 2004. States of knowledge: the co-production of science and social order. London: Routledge] their work with the aim of simultaneously meeting the requirements of both their police (for instance PACE codes) and healthcare (for instance the Nursing and Midwifery Code of Practice) responsibilities. Focusing on acts of 'mundane care' [Brownlie, J. and Spandler, H., 2018. Materialities of mundane care and the art of holding one's own. Sociology of health and illness, 40 (2), 256–269], the typification of detainees and the use of detention cells as risk management tools, I will show that rather than undergoing an existential crisis, Healthcare Professionals mobilise coproduced practices in order to perform their work successfully, thereby further enabling police and detention officers to achieve their custody objectives. [ABSTRACT FROM AUTHOR]

Migrant detention in Mexico, as a cornerstone of the Mexican Transit Control Regime, is intrinsically related to US migration control. Drawing on Katja Franko Aas's 'border penality' and 'abnormal justice' conceptualizations, this paper argues that Transit Control Regimes are an abnormal bordering and the outcome of two trends of the geographies of migration control: reverberation and distancing. To examine how this abnormal bordering is enforced, following the 'bordering as a practice' research agenda, this paper analyses the practices of control, punishment, and deterrence used in Mexico's migrant detention centres drawing on state agents' narratives. Particular emphasis is given to clerical control, material conditions and disciplinary rules. The analysis presented sheds light on the precarious conditions of the facilities, the discrepancy between regulations and practice, questionable practices of control and discipline and the reality of migrant detention as a de facto punishment for migrants. [ABSTRACT FROM AUTHOR]

Appreciative Inquiry is a methodology originating from organisational psychology, though it has since been used in criminal justice research including police studies. It is used to identify the actual and potential strengths of an individual or an institution, with a view to building on these strengths in the future. The primary purpose of this paper is to assess the value of Appreciative Inquiry for police research, where its use is potentially confounded by aspects of police culture. Drawing on an ESRC-funded study, the 'good' police custody study, we critically examine the role of Appreciative Inquiry in enabling access and data collection through appreciatively-informed interviews, examining this from the perspective of the police, the policed and police researchers. We also illustrate how Appreciative Inquiry contributed to the theorisation process and to the development of theoretically-informed recommendations and organisational reforms, matters that are neglected in other police and criminal justice research. We conclude that certain aspects of police culture hinder its use, for example, the cynicism of frontline police officers, whilst the storytelling features of police culture and growing collaboration between police and researchers help overcome these barriers. Appreciative Inquiry must still be used reflexively in police research, recognising for example the tendency towards naïve optimism and its impacts on vulnerable participants. Nonetheless, in light of Appreciative Inquiry dovetailing with growing expectations that the police and academics should work more closely together, there are grounds for appreciating Appreciative Inquiry as an important part of a diverse police research agenda in the future. [ABSTRACT FROM AUTHOR]

This introduction provides an overview of the collection of papers in this special issue on genealogies of indefinite detention. This collection of papers builds on the work of Professor Penny Pether (1957 - 2013), in particular her book proposal, '"Perverts," "terrorists," and business as usual: Comparative Indefinite Detentions before and after 9/11'. [ABSTRACT FROM AUTHOR]

In 1942 more than 110,000 persons of Japanese origin living on the U.S. West Coast were forcibly sent away to ten internment camps for one to three years. This paper studies how internees' careers were affected in the long run. Combining Census data, camp records, and survey data, I develop a predictor of a person's internment status based on Census observables. Using a difference-in-differences framework, I find that internment had long-run positive effects on earnings. The evidence is consistent with mechanisms related to increased mobility due to re-optimization of occupation and location choices, possibly facilitated by camps' high economic diversity. [ABSTRACT FROM AUTHOR]

This paper offers an analysis of preventive detention in the context of the disputed territory of Jammu and Kashmir. It primarily explores the covert objectives behind the use of a preventive detention law, namely the Public Safety Act in Kashmir. It explains how this law has been used as a political tool by authorities to achieve their ulterior motives, which diverge from the philosophy of detention, i.e. the rehabilitation of the prisoners. This paper seeks to answer two main questions: firstly, why is preventive detention being used abusively in Kashmir, and secondly, how and why has it persisted despite widespread condemnation and accusations of human rights abuse. [ABSTRACT FROM AUTHOR]

Detention centres and return programmes are increasingly important instruments of border control across Europe. In 2014, the U.K. Home Office removed Assisted Voluntary Return (AVR) from detention, meaning it is no longer available to detainees. Drawing on both secondary data analysis of interviews with welfare staff in an Immigration Removal Centre (IRC) and Home Office senior managers and primary data from follow-on interviews with welfare staff and NGO workers, the paper analyses the Home Office rationale behind this withdrawal. Using this policy change as a lens reveals how through a responsibilisation discourse inherent in Home Office policy the subject of the 'detainee' is criminalised and framed as non-compliant and thus undeserving of 'privileges', such as AVR, in an increasingly punitive space. In contrast, both welfare officers and NGO workers frame detainees in a more nuanced, sometimes contradictory, manner; recognising the role of the state in creating vulnerabilities. By examining how dominant forms of discrimination are held in place by the banal ways categories are repeated in everyday discourse, this paper highlights the increasing pathologisation of deviance and framing of detainees as criminal 'other'. As such it contributes to debates on the contradictory world of detention and the sociology of punishment. [ABSTRACT FROM AUTHOR]

In the first part, the paper points to general nomotechnical omissions of the lawmaker. Next, it analyses the most important provisions of the Act, such as those concerning the immediate threat of domestic violence within the meaning of the Act. Central part of the paper deals with legislative novelties pertaining to police conduct, with special reference to the provisions on urgent measures whose issuance the Act on Prevention of Domestic Violence vests in the police. It thereby points to the flawed formulation by professional legislative drafters of the provisions on risk assessment, detention, and ones relating to the order imposing urgent measures. Additionally, it touches upon the issues of judicial protection against domestic violence. As a special problem, the author emphasizes (in the Conclusion) the absence of effective misdemeanour liability for the perpetrator of domestic violence, which could be solved by de lege ferenda amendments to the analysed Act, the Public Order and Peace Act and Misdemeanour Act. [ABSTRACT FROM AUTHOR]

This paper explores the likelihood of ending Uighur detention in Xinjiang, China using the analytical tools of the Spiral Model. I argue that the prospects are dim due to the strong incentives for China to continue abusing the Uighur population as well as insufficient amounts of external and internal scrutiny employed against the Chinese government. To develop this claim, I analyze why action against China previously failed and why future responses are likely to remain unsuccessful. I conclude that expectations for China's compliance with International Human Rights Law concerning the treatment of the Uighurs are realistically weak. [ABSTRACT FROM AUTHOR]

Research Summary: This paper studies the impact of the COVID‐19 pandemic and the subsequent lockdown on criminal activity in the City of Buenos Aires, Argentina. Following quarantine restrictions, we find a large, significant, robust, and immediate decline in property crime reported to official agencies, police arrests, and crime reported in victimization surveys. We observe no significant change in homicides, and a significant increase in arrests for "resistance to authorities". The decrease in criminal activity was greater in business and transportation areas, but still large in commercial and residential areas (including informal settlements). After the sharp and immediate fall, crime recovered but, by the end of 2020, it had not reached its initial levels. The arrest data additionally shows a reduction in the distance from the detainee's address to the crime location, and a fall in the number of detainees from outside the City of Buenos Aires. Crime became more local as mobility was restricted. Policy Implications: We find no evidence that the reduction in the number of detainees from outside the City of Buenos Aires led to a displacement of crimeto suburban areas. This result aligns with the hypothesis that focalized place‐based interventions have the potential to reduce overall crime rates. Moreover, the increase in arrests for "resistance to authorities" at the checkpoints set up during the lockdown shows that the enforcement of mobility restrictions can cause frictions between citizens and police, negatively affecting police's legitimacy. We also find that the increased government presence for the provision of health and social services in informal settlements during the pandemic led, as a positive externality, to an additional decrease in crime. [ABSTRACT FROM AUTHOR]

In March of 2017, the Russian LGBT Network received their first reports of police violence against individuals in Chechnya because of their perceived sexual orientation. In the following months, news spread of a campaign of forced disappearances and torture specifically targeting suspected homosexual men. Between December, 2018 and February, 2019, police carried out another wave of unlawful detentions of men on the basis of their sexual orientation. The reports of unlawful detentions and extrajudicial killings of queer men may seem surreal in a world that has slowly grown more progressive with regard to LGBT rights issues. And yet, this violence is the reality faced by gay and bisexual men in Chechnya under Ramzan Kadyrov, the hypermasculine Chechen leader. This paper explores the ways in which religious practice, imaginations of nature, and conceptions of gender have influenced Chechnya's current anti-LGBT climate. [ABSTRACT FROM AUTHOR]

• Focus on alleviating variability in risk assessment questioning to support decision making regarding Harm levels. • Statistical analysis has determined a core set of variables influencing the risk assessment of detainees. • Alcohol and/or drug use, and mental health feature in all statistical models used. The issue investigated in this paper is the risk assessment of detainees whilst they are booked into police custody in England and Wales. It is estimated that hundreds of thousands of people pass through police custody each year, with each detainee undergoing a risk assessment to establish risk of harm to themselves or to others. However, there has been little research to establish which risk factors identified through the current risk assessment process used within England and Wales have the most impact on risk management. Currently the analysis and evaluation of risk is subjective, based on the custody officer's judgement and experience. Little is known through literature as to which factors are most influential in this risk assessment process. This paper highlights these gaps in the process and identifies the driving factors in decision making around detainee risk in an attempt to understand the risk management process better before detailing what further research can be conducted to close the gap in the process. Multivariate analysis was carried out on a data-set comprising of custody record data from three police forces, in particular information recorded as part of the risk assessment. Logistic regression, decision tree and discriminant analysis methods were used as all have the ability to classify and predict. Comprehensive analysis and augmentation of results has determined a set of variables which had an influencing impact on observation level. These results provide the background to the development of a supportive and robust risk assessment tool. [ABSTRACT FROM AUTHOR]

Police custody is a complex environment, where police officers, detainees and other staff interact in a number of different emotional, spatial and transformative ways. Utilising ethnographic and interview data collected as part of a five-year study which aims to rigorously examine 'good' police custody, this paper analyses the ways that liminality and temporality impact on emotion in police custody. Architecture has previously been noted as an important consideration in relation to social control, with literature linking the built environment with people's emotional 'readings' of space. No work, however, has examined the links between temporality, liminality and emotional performativity in a police custody context. In this environment, power dynamics are linked to past experiences of the police, with emotions being intrinsically embodied, relational, liminal and temporal. Emotion management is therefore an important way of conceptualising the dynamic relationships in custody. The paper concludes by arguing that emotional aftershocks symbolise the liminal experience of detainees' understanding of the police custody process once released, noting that it is important to understand the microscale, lived experience of police custody in order to develop broader understanding of broader social and policing policy in a police custody context. [ABSTRACT FROM AUTHOR]

In this paper, we analyse pain in police detention and the extent to which Sykes' pains of imprisonment framework usefully informs this. This analysis is based on extensive in-depth qualitative research in four custody facilities in four English police forces. In parallel to Sykes, we found that detainees felt cut-off, as if they had nothing and had lost control, which were respectively akin to the deprivation of liberty, the deprivation of goods and services, and the deprivation of autonomy. However, moving beyond Sykes, police custody was also uncertain, anticipatory and liminal, and entailed insecurities derived from the material conditions and soundscape. All of these pains of police detention were furthermore enabled or minimised by how staff employed their authority. The synergy between the pains of police detention and the pains of imprisonment arise, in part because police custody has much in common with imprisonment. As such, police custody can be seen as an initial and thus critical point in the 'penal chain' or perhaps even the 'penal painscape', in which institutions within it have punitive tendencies in common, linked to the delivery of pain. This has implications for the police's role in society and the role that the pain-punishment nexus plays in this. Pain in police work has traditionally been understood as largely physical in form and rooted in the use of force. As the pains of police detention show, these pains can be more situated, subtle, routine and far-reaching in their effects, potentially extending to other areas of police work. [ABSTRACT FROM AUTHOR]

This paper sets out how Indonesia has shifted away from arbitrary and indefinite immigration detention towards so-called alternatives to detention. This shift has been fuelled by the Australian government's cuts to funding the International Organization for Migration (IOM), which was responsible for the costs of immigration detention until 2018. Although the abolition of immigration detention in Indonesia has been praised as a success, it would be wrong to say that alternatives to detention are without any carceral purposes. While their conditions are more humane overall than those in detention centres, alternatives to detention also serve containment purposes and perpetuate a 'continuum of unfreedom', albeit in more subtle ways. More importantly, the decarceration policies have fostered a new hierarchy of refugee deservingness that discriminates against recently arrived asylum seekers. Establishing alternatives to detention has created additional problems that reach beyond the detention/abolitionist dichotomy. The categorical non-integration into the local community and ongoing restrictions on basic rights show that current alternatives to detention, though better than immigration detention, still leave ample room for improvement in decarceration policies in Indonesia and beyond. [ABSTRACT FROM AUTHOR]

Here, we examine the factors influencing whether those detained by the police feel treated with dignity. We develop a human rights-oriented conception of dignity rooted in the equal worth of human beings, encapsulated in detainees' desire to be 'treated like a human being'. The predictors of this are examined using multilevel modelling of survey data collected from 371 detainees in 27 custody facilities in 13 police forces in England and Wales in an Economic and Social Research Council-funded study of 'good' police custody. We found that perceptions of the material conditions predicted feelings of dignity, as did detainees' reactions to being detained, their perceptions of the culture of police custody and the mechanisms used to hold the police to account. Feelings of dignity were also less likely for younger adults and for Black Asian and Minority Ethnic detainees, with these experiences being mediated by less trust in accountability mechanisms. This paper concludes by examining the implications for 'good' police custody. [ABSTRACT FROM AUTHOR]

Deportation regimes are increasingly studied from the perspective of the anthropology of bureaucracy and the governing techniques used to detain, exclude and deport 'unwanted' migrants. Such approaches force us to 'think with the other side', to include the experiences and dilemmas of street-level officials in our analysis that may challenge our positionality as researchers, as well as our wish to produce 'evidence' of deportation practices. Amit and Lindberg's paper sheds light on the performance of state power and the techniques of controlling non-citizens by presenting ethnographies from two 'open' migration detention centres, very similar in function, but strikingly different in practice: the now-closed Holot detention centre for African asylum-seekers in Israel; and the Udrejsecenter Sjælsmark (Deportation Centre Sjælsmark) in Denmark. Migration detention, as a state-making mechanism, serves different functions. Ilan Amit and Annika Lindberg find that, while Holot was a manifestation of coercive power and an over-recording strategy on behalf of the Israeli state, Sjælsmark exemplifies a different governing technology that operates through deliberate state negligence and abandonment. Ethnographies of the performativity of these different power strategies offer insights into the intricacies of state control as it reconfigures sovereignties by declaring and enacting 'crises' of migration control. [ABSTRACT FROM AUTHOR]

Recently, reports have emerged that China operates "political re-education" camps of Uyghur Muslims in Xinjiang. China justified them as a sort of vocational training program to assist Uyghurs in participating in the Chinese economy. In actuality, they are brutal incarceration camps; these forms of 'education' can qualify as torture that perhaps 1.5 million adults have been subjected to, and have led to detaining children of people incarcerated in state-run boarding schools. It is necessary to interrogate the underlying factors that have enabled the Chinese government to open and operate these camps under the guise of education. This paper first examines the impact of the current geopolitical interests of China's Belt & Road Initiative and the historical backgrounds of Xinjiang and the Re-Education through Labour program. It then explains the methods of 'education' taking place within the camps and interrogates China's justifications for building them. This education issue is more about inhibiting Uyghur power than China's claim that the camps are meant to empower Uyghurs to participate in the Chinese labour force. [ABSTRACT FROM AUTHOR]

Purpose The purpose of this paper is to describe the current state of law enforcement training related to the high number of interactions with persons with mental illness, and to recommend next steps in preparing law enforcement to effectively meet this challenge. Design/methodology/approach The authors reviewed the current literature on relevant law enforcement training programs, focusing primarily on crisis intervention team (CIT) training, and used the case example of California to identify opportunities to improve and enhance law enforcement preparedness for the challenge of responding to persons with mental illness. Findings Broad-based community partnerships working together to develop programs that meet the local needs of both those with mental illness and law enforcement, the availability of mental health treatment centers with no-refusal policies, and a coordinating person or agency to effectively liaise among stakeholders are critical enhancements to CIT training. Originality/value As increasing attention is paid to adverse interactions between police and vulnerable populations, this paper identifies policies that would build on existing training programs to improve police responses to persons with mental illness. [ABSTRACT FROM AUTHOR]

This paper examines the legality and limits of security detention in armed conflict situations. It particularly investigates the issues of whether the protection of national security is a legitimate ground to restrict the right to liberty of persons in situations of international or non-international armed conflict, and if so, what are the limits to a State's prerogative to restrict the right to liberty of individuals suspected of threatening its national security. On the basis of a thorough analysis of the relevant extant rules of international law regulating warfare, the paper concludes that security detention is permissible in armed conflict situations regardless of whether the nature of the conflict is international or non-international. However, the prerogative of a State to impose security detention is circumscribed by a plethora of fundamental substantive and procedural safeguards against arbitrariness that are provided in the different rules of international humanitarian law and international human rights law. These safeguards affirm that the search for absolute security is neither desirable nor attainable and that the mere invocation of security concerns does not grant an absolute power to restrict or suspend the liberty of individuals in armed conflict situations. Whenever it is imposed, security detention should be preventive in nature, and must aim at safeguarding the basic national security interests of a State from serious, future, direct and imminent threats related to the armed conflict situation. Detainees should also be able to challenge its legality before a competent organ at the initial or later stage of the detention through a system of periodic review. [ABSTRACT FROM AUTHOR]

A 2016 image by cartoonist Chris Kelly powerfully brings together two regimes of detention in Australia, one 'domestic' and directed largely at Indigenous prisoners, the other 'offshore', and directed at refugees and asylum seekers. In both cases, it was CCTV footage which provided the means of exposure of violent abuses in these detention systems, although this exposure simultaneously exposes the very failure of CCTV, as a mechanism deigned precisely to magnify the state's powers of surveillance. This paper traces the interactions between inmates, advocates, activists and artists in these two campaigns of exposure. It reprises James Der Derian's 2001 concept of MIME-NET (Military-Industrial-Media-Entertainment Network) to explore the possibilities of a new social activism of images. [ABSTRACT FROM AUTHOR]

This article provides an overview of the latest developments in criminal procedure and practice pertaining to pre-trial defendants. It critically reviews the position regarding: failure to answer to bail, breach of pre-charge bail conditions and the considerations of granting bail with the liability to be rearrested following a breach of bail conditions (s. 72 of the Policing and Crime Act (PCA) 2017). In the eight years of Conservative government, criminal justice reform programmes have been seen as executing the extensive erosion of civil liberties. This article examines the enthusiastic enterprise set out in the PCA 2017 to deliver reform of the law on bail—and the consequences of failure to answer to bail following this reform. The first section of the article consists of a brief review of the early commitment to realign the State power with Britain's past underlying traditions of democracy, freedom, human rights and the rule of law, arguably, accentuated with the Protection of Freedoms Act 2012. This is followed by a discussion of the interaction between police officers and suspects, namely: (a) pre-arrest, and on arrest, (b) caution and legal rights and (c) detention. This section will discuss recent coarsening of that commitment regarding powers of arrest, detention, entry, bail and failure to answer to bail, for pre-trial defendants. The article then turns to outline and evaluate the juxtaposition of the Law Commission's Consultation Paper on Search Warrants. An analysis will then be made of the impact of s. 72 of the PCA 2017, before concluding with a critical evaluation of whether this change is a contemporary rapine of breach of bail, or a comparative necessity. [ABSTRACT FROM AUTHOR]

There is growing interest in the health correlates of people detained in police custody, and a number of innovations have been introduced to try to meet the complex needs of detainees. The implementation of Criminal Justice Liaison and Diversion (CJL&D) Services commissioned by the Department of Health in England is a substantial part of this investment. In this paper, we describe data from 858 detainees who were referred to the CJL&D service of a busy metropolitan police station in the North East of England. The detainees referred to the service had complex mental health needs, substance misuse and a range of vulnerabilities requiring specific intervention. The effective operation of these teams and how they interface with health and criminal justice systems also depend upon a number of systematic issues that emanate both from within the teams, and from external policy drivers. [ABSTRACT FROM AUTHOR]

In Australia, the legal basis for the detention and restraint of people with intellectual impairment is ad hoc and unclear. There is no comprehensive legal framework that authorises and regulates the detention of, for example, older people with dementia in locked wards or in residential aged care, people with disability in residential services or people with acquired brain injury in hospital and rehabilitation services. This paper focuses on whether the common law doctrine of necessity (or its statutory equivalents) should have a role in permitting the detention and restraint of people with disabilities. Traditionally, the defence of necessity has been recognised as an excuse, where the defendant, faced by a situation of imminent peril, is excused from the criminal or civil liability because of the extraordinary circumstances they find themselves in. In the United Kingdom, however,in In re F (Mental Patient: Sterilisation)andR v Bournewood Community and Mental Health NHS Trust, ex parte L, the House of Lords broadened the defence so that it operated as a justification for treatment, detention and restraint outside of the emergency context. This paper outlines the distinction between necessity as an excuse and as a defence, and identifies a number of concerns with the latter formulation: problems of democracy, integrity, obedience, objectivity and safeguards. Australian courts are urged to reject the United Kingdom approach and retain an excuse-based defence, as the risks of permitting the essentially utilitarian model of necessity as a justification are too great. [ABSTRACT FROM PUBLISHER]

Securitization of immigration, the rise of interior immigration policing, and forces of carceral privatization have occasioned a remarkable expansion of immigrant detention throughout the United States. Previous studies have drawn attention to the importance of the daily rates paid by the federal government to individual facilities in driving the emphasis on detention. This paper, in contrast, argues that tracing the political and economic geography of money inside detention facilities is also critical for understanding detention expansion and its consequences. We define the processes, mechanisms, and practices of generating profit above and beyond the "per-bed" daily rate as "internal micro-economies" of migrant detention. Drawing on an ongoing examination of migrant detention facilities in the greater New York City metropolitan area, we identify four micro-economies evident in detention facilities: the commissary systems, phone and other forms of communication, detainee labor, and detainee excursions outside detention. These economies show how detained migrants' needs and daily routines are tailored in ways that produce migrants as both captive consumers and laborers. Recognition of multiple micro-economies also highlights the fact that the numbers of individuals and entities invested in the incarceration of immigrants proliferate in tandem with the objectification of detainees. The paper further suggests that attending to relationships embedded in the inner workings of detention exposes economic links across carceral boundaries, rendering visible the porosity between government, private companies, and publics. [ABSTRACT FROM AUTHOR]

At this paper we analyze a number of sexual violence reports portrayed by women citizens against military personnel during the last military dictatorship in Argentina. We consider that analyzing those reports allows us to visualize how the sexist practices that we know that were taking place inside the clandestine detention centers also occurred outside them. The concentracionary power assumed similar characteristics outside the clandestine detention centers and that was because of the power that State Terrorism gave to the military personnel. In this research, the gender perspective allows, firstly, to deepen the analysis of everyday life during the last military dictatorship. Secondly, it allows us to inquire about hierarchical gender relations within our society, which, although not static, preceded and followed the military government. However, the military regime sought to reinforce such hierarchical gender relations during the period of State Terrorism both inside and outside clandestine detention centers. In that sense, the analysis of the selected cases shows, both with the reiteration of the cases and the mechanisms to discourage the reports, how the sexual violence was present further in the boundaries of clandestine detention centers (in temporal and spacial terms). Furthermore, it shows how sexists' myths and the discrimination towards women that impregnated the judicial system didn't allow an audibility framework for the reports. [ABSTRACT FROM AUTHOR]

Detention is a highly traumatizing experience for both the incarcerated person and the family due to the break of the romantic and affective relationships. Detention itself influences either mothers' or fathers' experiences as caregivers and represents a risk for the psychological, physical and social well-being of the children. Thus, the parent-child relationship following the incarceration represents a relevant theme that raises clinical, social, and ethical issues. Electronic databases were systematically searched for studies published in the last twenty years on this topic. In this systematic review of the literature, the results of 27 articles on the issue of parent-child relationship in a prison context published between 1998 and 2018 were analyzed. The topics considered by literature could be summarized in three thematic issues: (i) children and types of risk following the incarceration of one or both parents; (ii) parents and how the prison experience affects the perception of one's parental role; (iii) the characteristics of parent-child relationship and how the detention experience can harm the quality of the parent-child relationship. There is a lack of literature on these topics, for this reason this paper could represent a starting point for new investigations and future studies. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to investigate the impact of racial beliefs held by Whites on their attitudes toward the use offorce by the police. While the use of an index assessing racial attitudes is common, we take a more nuanced approach examining impacts of different types of explanations for racial inequality: individualist, structural and mixed-group types. Findings demonstrate that support for the use offorce is racialized. Respondents who espouse a "pure " individualistic explanation for racial inequality express greater support, while those with "pure " structuralist explanations express less support. Surprisingly, respondents who acknowledged both types ofexplanations maintained similar attitudes as "pure " individualists. These findings are discussed with regards to their broader theoretical implications. [ABSTRACT FROM AUTHOR]

This paper examines the critical role played by the US immigrant detention and deportation apparatus in the construction of contemporary imaginaries of homeland security. I argue that the detention system works performatively by substantiating a paradoxical relationship between security and insecurity for system employees. Through research conducted in Ecuador with detained migrants' families and deported migrants, I scrutinize the behavior of detention personnel and the experiences of detainees. Data illustrate how the US detention system becomes an integral part of the governmental apparatus behind homeland security imaginaries. First, employees are disciplined through the constant repetition of narratives in which immigrants are immoral and untrustworthy. Second, the detention system is structured in such a way as to require employees to perceive detainees as sources of insecurity, through inconsistent policies, conditions of detention, and high volume and mobility of detainees. Consequently, I contend, employees' interactions with detainees play an important and under-recognized role in performing homeland security imaginaries by perpetuating and reinforcing negative tropes of immigrants as criminalized, dangerous outsiders. The paper contributes to understanding ways in which multiple and overlapping governmentalities work recursively in the country's immigration apparatus, as well as shedding light on the typically opaque detention and deportation process. [ABSTRACT FROM AUTHOR]

This paper discusses three main areas of controversy relating to detention in the context of multinational operations: the relationship between international humanitarian law and human rights law; the principle of legality in the context of relying on United Nations Security Council resolutions as a justification for taking detainees; and the transfer of detainees where there is, for example, a substantial risk of torture or cruel, inhuman or degrading treatment or punishment. The paper then considers how the Copenhagen Principles address these issues. [ABSTRACT FROM AUTHOR]

This paper considers the role that the executive branch can play in modifying international law through a specific case: the March, 2011 issuance of Executive Order 13567: Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization for Use of Military Force. As its title suggests, the Order establishes a system of periodic review for detainees held at Guantanamo Bay, but the release of the Order suggests much more than merely the adoption of new procedures for reviewing detention determinations. In a "Fact Sheet" issued with the Order, the Obama administration suggested some concrete changes to how the United States views the international law of detention, specifically with regard to Additional Protocols I and II of the Geneva Conventions. Those changes, when combined with the content of the Order itself, may signal an even more profound shift in the role of international law in the shaping of the domestic law of detention and in the role of the executive branch in shaping both international and domestic law. The paper proceeds by describing the Order in detail and comparing the procedures adopted in the Order with those that preceded it, namely Combatant Status Review Tribunals and detainee Administrative Review Boards. The paper next analyzes the Order's procedures under Article 75 of Additional Protocol I and Articles 4-6 of Additional Protocol II, as suggested by the Fact Sheet. Finally, the paper considers the broader questions raised by the Order and Fact Sheet's stated approach to the international law of detention. By recognizing an increased role for Additional Protocols I and II, the Order and Fact Sheet go some distance toward providing an avenue for incorporating international human rights norms into the U.S. domestic law of detention, an approach that sharply diverges with previous U.S. positions on the law of armed conflict, and does so through the executive branch operating alone. [ABSTRACT FROM AUTHOR]