Search

Concerns over health care in US Immigration and Customs Enforcement (ICE) facilities have grown over the past decade, including reports of medical mismanagement, inadequate mental health care, and inappropriate use of solitary confinement. Despite being a federally funded agency, reporting and accountability of health outcomes in ICE facilities is limited. This manuscript outlines current standards for health in ICE detention, how compliance is evaluated, why this process fails, and how current processes can be improved to achieve transparency and accountability. Ultimately, health metrics must be: 1) frequent; 2) timely; 3) granular; 4) collected by an independent body; and 5) publicly reported. Financial compensation for health service providers must be contingent on meeting these required metrics, with contract termination for persistent violations. Transparent and accountable monitoring systems, as are required in other federally funded healthcare facilities, are essential to accurately measure health outcomes and harms of individuals held in detention.

The article is devoted to the study of problematic aspects of the inspection of the scene during the investigation of traffic accidents. During the presentation of the main material, it is emphasized that given the specificity of the investigation of traffic accidents and the «saturated» trace picture during the inspection of the scene of the incident, certain problematic aspects of the inspection may negatively affect the effectiveness of the pre-trial investigation and the fairness of the final decision in the case. It is indicated that the participants in the traffic accident are persons who already have a procedural «status» in the criminal process. This can be a person whose rights and legal interests may be limited or violated, or another person whose rights or legal interests are limited dining the pre-trial investigation. The presence of these persons during the inspection must be reflected in the protocol of the inspection of the scene of the incident, which in turn gives them the right to familiarize themselves with the contents of the latter. It is noted that the use of continuous video recording hy the investigator during the inspection of the scene of the traffic accident, recording the participation of the inspection participants in the protocol and ensuring their right to familiarize themselves with the materials should increase the effectiveness of this investigative (search) action. It is indicated that the collection of evidence by the prosecution must be carried out in accordance with the legal procedure. It is proposed to make changes to the Criminal Procedure Code of Ukraine, which would allow the prosecution to record the testimony of technical devices and technical means that have the function of photo and video recording, before entering data into the unified register of pre-trial investigations, by analogy with the inquiry procedure. It was emphasized that the video material obtained from the car video recorder by illegal entry into the vehicle is inadmissible evidence, and such actions should entail the liability provided for by law. It is emphasized that the investigator's ban on any person from leaving the place of inspection before its completion and taking any actions that interfere with the inspection is legal only if the person is recognized as a participant in such an inspection. Considering the procedural consequences, such a ban cannot be considered a criminal procedural detention. [ABSTRACT FROM AUTHOR]

This empirical study was the first to explore the criminal life course of people imprisoned in a Dutch facility for uncontrollably violent persons as a consequence of prison violence (N = 383). Their characteristics were compared with those from studies of Dutch incarcerated people and those of persons residing in an in-prison psychiatric facility (N = 1,913). Results showed that uncontrollably violent detained persons are an extreme group: their criminal life course is characterized by an early onset, an extensive and severe criminal career, and high scores on most violence-related historical risk factors. The severity and early onset of their criminal life course, their problematic behavior, and their problems in other life domains became even more apparent following our comparisons. This study underlines the relevance of detained persons' pre-prison characteristics in addressing prison violence risk factors, and shows that early detection and monitoring is essential to prevent (more) damage. [ABSTRACT FROM AUTHOR]

Only in exceptional circumstances should one use a detention decision, as it is a serious matter. Authorized bodies such as the primary investigation authority and the relevant court issue detention decisions. While there are justifications for detaining someone, it does restrict the defendant's freedom and goes against the presumption of innocence. This study examined the purposes and justifications for detention, along with how the Jordanian Code of Criminal Procedure handles it. The study discovered specific reasons and justifications for detention, despite it being a temporary restriction on the freedom of an accused person without proven guilt. The Jordanian legislator outlines these in Article (114) of the Code. The study also found no conflict between detention and the presumption of innocence. The presumption of innocence is a principle of proof, meaning the burden of proving guilt lies with the prosecution. It doesn't guarantee that a detained person is innocent. [ABSTRACT FROM AUTHOR]

The article reveals the theoretical and methodological problems related to the detention of a person who has committed a criminal offense. Attention is focused on the fact that the legal regulation of detention in criminal proceedings remains a debatable problem, which is additionally determined by the constant introduction of changes to the legislation regarding the legal regulation of this issue. Accordingly, it is determined that the purpose of the article is to obtain a scientific result on certain issues of regulatory regulation of detention, as well as to develop proposals for improving the norms of the current legislation. Special attention is paid to the legal construction of the norm of the Constitution of Ukraine, which defines the urgency of the need for detention as a mandatory prerequisite for the application of such a measure. The available scientific approaches to understanding the detention of a person who has committed a criminal offense are critically analyzed. Taking into account the analysis of the norms of the current criminal and criminal procedural legislation, appropriate changes are proposed in order to optimize the legal regulation of the detention of a person who has committed a criminal offense. Systematically considered and analyzed the changes made to the legislation of Ukraine regarding the detention of a person for committing a crime after the introduction of martial law. A system of articles of the criminal procedural law that needs to be amended and revised to improve the procedure for detaining a person suspected of committing a crime has been determined. The main tasks of the research are to establish the circumstances under which it is possible to detain a person before the start of a pre-trial investigation, to separate the purpose from the motives of criminal procedural detention, to define the concept of criminal procedural detention, as well as to establish the algorithm of actions of an authorized official who carries out detention before the start of a pre-trial investigation. [ABSTRACT FROM AUTHOR]

Bringing migration governance literature into conversation with carceral studies, this article offers a conceptual framework to account for the interconnectedness between migration governance in the global North and the racial logics of carcerality. It argues that criminalization, incarceration, detention, and deportation, converging as a carceral industrial complex, should be viewed in historically specific contexts as modes of racist exclusion that fulfill racial projects. The article first considers critical race scholarship on nation‐state formation to trace the historical and contemporary manifestations of racial exclusion within immigration legislation. Next, the article traces the carceral nature of migration and border governance, focussing particular attention to its expansion into the orbit of families and communities, to suggest that carceral migration governance crystalizes a set of power relations implicated in the reproduction of global racial ordering. To illustrate this argument, the final section engages the carceral migration racial governance framework through the empirical vantage point of 'the family' to advance an understanding of the work that carceral migration does for racial ordering and the production of disposable (family) life to those ends. [ABSTRACT FROM AUTHOR]

Almost a year after the enactment of the law regulating euthanasia in Spain, public opinion was shocked to learn that a defendant in criminal proceedings obtained medical assistance in dying following injuries sustained in an exchange of gunfire with the police after having committed a series of severe crimes. Although there are very few cases in the world where prisoners have received euthanasia, the one we will discuss in this article is the only known case where both the public prosecutor's office and the private prosecutors judicially opposed the defendant's euthanasia. This article aims to offer a new perspective on the ethical legitimacy of detainees' access to euthanasia: the ethics of caring solidarity. To do this, we will first place the case in its legal context. Subsequently, we will address the two main arguments proposed in the literature to justify euthanasia in detention: respect for the autonomy of the detainee and the principle of equivalence of care. Finally, after having identified serious shortcomings in both arguments, we will argue that the perspective of caring solidarity offers a better ethical basis for people in detention's access to euthanasia. [ABSTRACT FROM AUTHOR]

Horizontal flow constructed wetland (HFCW) is a method mimicking natural processes in which plantations are used to treat wastewater. This method demonstrates superior efficacy in the removal of organic pollutants and total nitrogen. Furthermore, it offers the advantage of reduced operational and maintenance expenses. This research employs a household-scale HFCW unit, utilizing water hyacinths (Eichornia crassipes) to treat greywater from a single house. The study aims to assess the HFCW unit's performance in treating greywater at a household scale, with effluent quality compared against Minister of Environment and Forestry Regulation (Regulation Number 68/2016 on Domestic Wastewater Quality Standard) using testing methods in accordance with the Indonesian National Standards (SNI). The results indicate that the HFCW unit removal efficiencies after two days retention time are: BOD5 (74%-93%), COD (47%-80%), TSS (55%-97%), oil and grease (50%-94%), and ammonia (46%-99%). After three days, the unit generally demonstrates improved performance, which are: BOD5 (67%-96%), COD (57%-91%), TSS (51%-97%), oil and grease (11%-99%), and ammonia (35%-99%). Overall, the effluent quality meets government standards for both two- and three-days retention time, establishing the HFCW unit as an effective household-scale greywater treatment solution.

One of the current areas of reforming modern criminal proceedings is the consistent humanization of the institute of procedural coercion measures and detention as its central element. Unlike the Soviet era, when the use of detention was a general rule, today the legislator seeks to limit the scope of its application to exceptional cases. Purpose: to substantiate the author’s concept of improving this measure of restraint in national criminal proceedings on the basis of diagnosing and analyzing the problems of regulation and application of detention. Methods: the research is based on the provisions of materialistic dialectics, using general scientific (logical, analysis, synthesis, induction, deduction) and specific scientific (formal-legal, interpretation of legal norms) methods. Results: detention is as an exceptional measure of restraint, applied only if other measures cannot achieve the appropriate behavior of the criminally prosecuted person. The authors substantiate the adjustment of the grounds for choosing this measure of restraint, as well as the court’s obligation to examine all evidence in a criminal case for a legal and justified resolution of the investigator’s petition for detention. The authors propose to introduce such a term as «person posing a threat to society», and to link detention to its special purpose of preventing further criminal actions of the criminally prosecuted person.

Regarding temporary detention and interrogation, it is essential to recognize that while the investigation and questioning of suspects are necessary to uphold justice after a crime has been committed, temporary detention inherently conflicts with individual rights and freedoms, leading legislators to impose restrictions on its application. Article 217 of the Criminal Procedure Code of 2013 articulates two principal goals: first, the rationale behind issuing detention orders, and second, the objectives of the criminal justice system, namely the pursuit of justice and the maintenance of social order. This paper employs a descriptive-analytical approach, examining contemporary criminological perspectives and the views of Imami jurists through library research, to explore the legitimacy or illegitimacy of detention and interrogation prior to the establishment of guilt, across various levels of criminal accusations. Although classical juristic sources lack a comprehensive discussion specifically on interrogation, insights into the ruling on interrogation can be derived from the broader discourse on pre-conviction detention.The analysis suggests that temporary detention in Islamic law has a solid jurisprudential foundation, as many jurists have issued favorable rulings that align with legal standards, a stance also evident in the Criminal Procedure Code. Moreover, in the Islamic Republic of Iran, laws that explicitly contradict Sharia are not enacted. This study therefore concludes that the primary ruling on detention and interrogation prior to proof of guilt is non-permissibility unless a specific justification applies. It also argues that the negative impacts of detention outweigh its positive aspects; thus, the presumption of freedom for suspects prior to a definitive verdict should be prioritized, with detention as an exceptional measure. To minimize temporary detention, alternative solutions should be emphasized, reserving detention as a last resort in essential cases only.

Adolescents involved in the juvenile legal system (JLS) have higher rates of mental health treatment needs compared to their non-justice-involved peers, and they experience disproportionate rates of trauma exposure and trauma-related psychosocial concerns. Most research comparing these adolescent groups draws data from separate studies, making it more challenging to understand meaningful differences between the two groups. Research documenting making such comparisons can guide prevention and intervention strategies for communities and their juvenile detention centers. The current study involves a secondary data analysis of billing claims from an outpatient community clinic with a satellite location embedded in the local juvenile detention center. Descriptive statistics determined the top five primary diagnoses in the sample apart from post-traumatic stress disorder (PTSD): major depressive disorder, ADHD, adjustment disorder, unspecified trauma and stressor-related disorder (UTD), and generalized anxiety disorder (GAD). Hierarchical logistic regression models were used to understand if being evaluated in a detention or community setting, sex, and age predicted the likelihood of having one of these top primary diagnoses. Participants (n = 981) were adolescents ages 12–20 (Mage = 15.93 years, SDage = 1.924, 60.6% male) seen for psychiatric evaluation in a community mental health agency and a juvenile detention facility. Among detained adolescents (n = 635), 141 were diagnosed with PTSD (22.2%), compared to 36 in the community clinic (10.4%). The odds of an adolescent in detention receiving a PTSD diagnosis were 2.5 times higher compared to adolescents evaluated in the community (p < 0.001, ExpB 2.54). There was a decreased likelihood for adolescents to receive a GAD or UTD diagnosis while in detention. In this sample, adolescents evaluated in detention had significantly higher odds of being diagnosed with PTSD and a lower likelihood of receiving GAD or UTD that was not PTSD. This finding supports previous literature that adolescents in detention have higher rates of PTSD than their peers in the community. It is crucial to implement evidence-based trauma treatment in detention settings, and research should continue to examine the feasibility, acceptability, and effectiveness of these interventions. [ABSTRACT FROM AUTHOR]

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 fiction of non-entry is a legal fiction usually employed by States at their borders. Such a fiction is based on the distinction between the physical presence of a person on the national territory and her legal entitlement to cross the border and reside herewith. More precisely, the fiction of non-entry revolves around the concept of admission and on the premise that unadmitted migrants (i.e. migrants not fulfilling the entry conditions and, therefore, refused entry, or migrants awaiting admission) at the borders, despite being physically present on the territory, are not to be considered so for legal purposes. By this mean, States are able to deny the application of the ordinary legal regime, institutionalizing a detrimental legal framework for unadmitted migrants at the borders as opposed to the one applicable to regular or even irregular migrants within the national territory. The purpose of this article is to explore the role of such a fiction in European migration law, namely in the context of EU law and the ECtHR jurisprudence, with a focus on the issues of admission on national territory, detention and expulsion. Moreover, this contribution aims at showing how this legal construct is to become increasingly central to European migration law. Indeed, the fiction of non-entry is currently at the core of the new "integrated border procedure" proposed within the 2020 new pact on migration and asylum. Therefore, the contribution will analyse the consequences of such an institutionalization on the rights of migrants at the EU external borders. [ABSTRACT FROM AUTHOR]

This research presents an overview of incidents of conflict and detention at PKJN Dr. Mental Hospital. H. Marzoeki Mahdi after implementing the safewards model. Of the 215 respondents, the majority were aged 19-44 years (84.7%), male (54.4%), with a diagnosis of F20-F29 (98.6%). A total of 72 respondents (33.5%) experienced conflict, with aggression towards objects being the most common type of conflict (9.7%). Meanwhile, there were 129 incidents of detention, with fixation as the most common method of detention (15.5%). Research shows a significant reduction in the incidence of conflict after implementing safewards. The incidence of conflict has fallen substantially, in line with previous research findings. There is a typology of conflict behavior, including angry denial, self-injury, and escape attempts. These findings illustrate the effectiveness of the safeguards model in reducing conflict and containment, while contributing to the understanding of the behavior of patients with mental disorders. The implementation of this model is expected to improve the quality of mental health services in Indonesia, in line with the government's efforts to improve the treatment of mental disorders. [ABSTRACT FROM AUTHOR]

Compensation for non-economic damages, the debate over its justification, and the adequacy of compensation awarded for harm to non-economic goods have been contentious issues among domestic legal theorists for decades. The provisions of the 1978 Law on Obligations resolved this debate by introducing the right to monetary compensation for non-economic damages in explicitly enumerated cases. The aim of the authors is to use appropriate scientific methods to demonstrate how failures by state authorities, specifically the police and judicial bodies, can cause non-economic damage to individuals through miscarriages of justice and false imprisonment. Freedom is a fundamental human right, guaranteed by the Constitution, laws, and ratified international documents. This raises the question of how, and to what extent, a wrongful conviction or unlawful deprivation of liberty violates this fundamental right, and what legal remedies are available to the victim. The focus of the paper will be on the legislation of the Republic of Serbia, as well as the views and interpretations in legal theory and in practice regarding the victim’s claim for monetary compensation for harm to non-economic goods, such as reputation and honor.

ObjectiveThis hypothetical vignette-based experiment was designed to better understand judges' and probation officers' interpretations and use of juvenile risk assessment tools in their decision-making around restrictive sanctions and confinement of youths on the basis of the youths' risk level and race.HypothesesWe expected that estimates of the probability of juvenile recidivism would significantly mediate the relationship between a categorical risk descriptor and decisions regarding the ordering confinement of youths. We also hypothesized that youths' race would serve as a significant moderator in the model.MethodJudicial and probation staff (N = 309) read a two-part vignette about a youth who was arrested for the first time; in this vignette, race (Black, White) and risk level (low, moderate, high, very high) of the youth were varied. Participants were asked to estimate the likelihood that the youth would recidivate in the following year and their likelihood of ordering or recommending residential placement.ResultsAlthough we found no simple, significant relationship between risk level and confinement decisions, judicial and probation staff estimated higher likelihoods of recidivism as risk-level categories increased and ordered out-of-home placements at increased rates as their estimations of the youth's likelihood of recidivation increased. The youth's race did not moderate the model.ConclusionThe greater the probability of recidivism, the more likely each judge or probation officer was to order or recommend out-of-home placement. However, importantly, legal decisionmakers appeared to apply categorical risk assessment data to their confinement decisions using their own interpretations of risk category rather than being guided empirically on the basis of risk-level categories. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

The subject of this study encompasses the legal relations that emerge between citizens and officials within operational units of governmental bodies. Operational investigative activities typically occur covertly, rendering the involvement of a lawyer in such clandestine processes and the provision of qualified legal assistance to individuals subject to secret operational investigative measures impossible. This contravenes the core nature of operational investigative activities, which inherently rely on secrecy and confidentiality. Simultaneously, during the initial covert operational search activities, operational personnel, upon gathering requisite materials and information, reveal their affiliation with law enforcement agencies and proceed to detain a suspected individual. The objective of this study is to delineate the mechanism for safeguarding the right to competent legal assistance for individuals subjected to coercive actions by operational personnel. At the moment of transformation of covert operational investigative measures into public, the rights and freedoms of the person in respect of whom these measures were carried out may be limited and he needs to use the constitutional right to receive qualified legal assistance from a lawyer. The conclusions of the study. During the concluding phases of verification procurement, operational implementation, controlled delivery, and operational experimentation, if a determination is made to decrypt and publicly document the outcomes of operational searches, operational personnel undertake actions that curtail the rights and freedoms of individuals suspected of criminal involvement. Specifically, the following rights are briefly curtailed: the right to freedom of movement; the right to utilize means of communication; the right to inviolability of the home; the right to utilize and manage one's property (buildings, structures, land areas, and vehicles), encompassing objects, substances, and documents therein. The apprehension of a suspected individual, their personal search, and the inspection of the premises by law enforcement authorities are essential and integrated components of the operational search operation, initially conducted covertly and later transitioning into a public process. In this context, all obtained results should be collectively considered and appraised as the unified outcome of a specific operational search operation, subsequently formalized by an operational officer through a singular protocol detailing the entirety of these operational search activities. Once officials from operational units curtail the right to personal inviolability, freedom of movement, and other constitutional rights and freedoms, the suspected individual must be afforded the opportunity to exercise their right to competent legal assistance, as stipulated in Article 48 of the Constitution of the Russian Federation. Operational staff are required to notify the lawyer of the suspected person and ensure his admission to the place of the operational search activity. A lawyer retains the right to be present at any phase of publicly documenting the outcomes of an operational search operation and, as part of rendering legal assistance, can insist on adherence to the rule of law and provide comments in the protocol.

Correctional facilities house millions of residents in communities throughout the United States. Such congregate settings are critical for national infection prevention and control (IPC) efforts. Carceral settings can be sites where infectious diseases are detected in patient populations who may not otherwise have access to health care services, and as highlighted by the COVID-19 pandemic, where outbreaks of infectious diseases may result in spread to residents, correctional staff, and the community at large. Correctional IPC, while sharing commonalities with IPC in other settings, is unique programmatically and operationally. In this article, we identify common challenges with correctional IPC program implementation and recommend action steps for advancing correctional IPC as a national public health priority.

Little is known of pediatric clinicians’ experiences with and approaches to taking care of immigrant children who have been in US custody. The objectives of this article are to (1) recognize the challenges facing pediatric clinicians in caring for immigrant children previously in custody, and (2) propose ways that healthcare and legal professionals can collaborate to optimize the wellbeing of formerly detained immigrant children. We identify themes by assessing answers to multiple choice and short responses from a national survey. These findings can help to identify current issues faced by both detained immigrant children and pediatric clinicians, and suggest approaches to addressing these issues.

This article examines the 2011 European Court of Human Rights judgment in MSS v. Belgium and Greece , which held that transferring an asylum applicant from Belgium to Greece violated the European Convention on Human Rights. Despite receiving praise for reaffirming state obligations, this article challenges the verdict. It argues that in MSS , the Court of Human Rights missed a crucial opportunity, leaving the applicant exposed to nearly two and a half years of hardship in Greece, rendering his final triumph before the Court insignificant. The article reimagines the case, envisioning the Court granting an interim measure to halt the transfer. The proposed alternative conclusion, which prioritises the applicant's best interests, could result in substantial political and policy implications. The purpose of this article is to highlight the importance of interim measures in protecting migrants' rights and to encourage the Court to employ them more frequently. [ABSTRACT FROM AUTHOR]

This article delves into the role of public history within the context of suppressed and erased colonial pasts, underscoring the importance of individuals in actively shaping, uncovering, documenting and disseminating history. The period from the late 1940s–1960s marked a pivotal transition for the British Empire, as numerous colonies gained independence. This shift in sovereignty from colonial rule to sovereign nations unveiled deep apprehensions regarding the potential use of Britain's historical actions and documents by newly independent governments. Operation Legacy was a clandestine initiative by British colonial authorities to destroy or hide records that could tarnish the British government's image or compromise secret intelligence. The ethical ramifications of this operation, and its impact on the construction of memory and knowledge, remain a contentious issue for many in former colonies who are still striving to piece together their colonial history and seek justice for past wrongs. By highlighting the experience, methodologies and challenges of the Museum of British Colonialism collective, the article explores what a framework for decolonial public history may look like in a digital age. Decolonial public history requires negotiations that are continuously shaped by interrogating multiple sources, employing multiple mediums, engaging diverse audiences, and constantly reflecting and refining one's own process and methodology. Inspired by Ngugi wa Thiong'o's influential work Devil on the Cross, which portrays resistance to colonialism as a communal and interconnected endeavor, the article reflects on the character Wariinga's query: "Where is the seeker who searches for another?" It concludes with thoughts on how digital public history can achieve decolonial significance and effectiveness, not merely through technological means, but by centering human connections and extensively building communities of practice across multiple frontiers. [ABSTRACT FROM AUTHOR]

Hunger strikes have been central to the ways in which Palestinian prisoners confront the Israeli carceral regime; demand changes in the ways prisons are run; and demand their most basic rights. Indeed, the earliest documented hunger strike dates to as early as 1968, with demands that included refusals to address Israeli jailers with 'sir', and having access to pens and notebooks. The recent martyrdom of Khader Adnan on his eighty-seventh day of a hunger strike against his detention highlighted both Palestinian prisoners' continuous resort to hunger strikes, and Israeli violent responses to this act of confrontation whenever it is used by prisoners. Hunger strikes have been analysed and discussed by multiple scholars to shed light on this practice both in Palestine and other global sites of carcerality. The literature on hunger strikes, however, is abundant with analysis that draws on the concepts of biopolitics and necropolitics. Applying these concepts involves conceptualising prisons as sites intended for the civil and social death of prisoners, or depicts prisoners as bare life and objects of modes of management over their life and death. Yet, an approach that centres the power over life and death, and that presents freedom or its negation as that of the moment of approaching death, falls into a trap that Palestinian political prisoner Walid Daka (2021) warns of in his brief discussion of hunger strikes [from a text read as part of a conference on carcerality, entitled 'Control Through Time']. Such an analysis, for instance, views death as the sole space over which the captive body has power, as Achille Mbmebe argues in 'Necropolitics'. My article, however, seeks to investigate and discuss Palestinian prisoners' recourse to hunger strikes in a different vein. To conceptualise hunger strikes and their history in Palestine, the article argues that one has to situate the practice as part of an ever-evolving repertoire of prisoners' responses aiming to constitute political subjectivities that reject defeat, that dream and work for liberation, and that constantly counter attempts at moulding consciousness. Hunger strikes offer yet another example of prisoners' attempts to smuggle freedom from the confines of their cells. The article will engage with the long history of Palestinian prisoners' hunger strikes (collective and individual), with prisoners' own descriptions of hunger strikes, and with several theoretical and conceptual understandings of hunger strikes to shed light on this practice's political meanings. In doing so, the article hopes to situate hunger strikes within the broader sets of confrontation practices used by Palestinian prisoners, and which constantly dream, and work for, a liberated geography. [ABSTRACT FROM AUTHOR]

Exploiting quasi-random assignment to NYC arraignment judges with varying propensities to detain, we use a judge fixed effect instrumental variable approach to estimate the impact of pretrial detention on several case outcomes: guilty plea, conviction, and carceral sentence. We find that any period of pretrial detention increases the likelihood of a guilty plea by 23 percentage points, a conviction by 24 percentage points, and a carceral sentence by 35 percentage points. Stratified analyses show differences in the size of the effect by charge severity and race: felony defendants experienced a larger effect on all case outcomes; non-Black defendants experienced a larger effect on guilty pleas and convictions; and Black defendants experienced a larger effect on carceral sentences. [ABSTRACT FROM AUTHOR]

Research suggests that individuals involved in the criminal justice system have higher rates of childhood trauma, including experiences of child sexual abuse (CSA). Studies also suggest that childhood victimization has an impact on the success of mental health treatment for offenders which may contribute to recidivism rates. Accordingly, policymakers and correctional staff can be better informed in choosing appropriate assessments and intervention approaches when they understand the ways in which prior experiences of CSA impact individuals in correctional settings. This special section highlights four novel studies that advance the research examining CSA in incarcerated populations. [ABSTRACT FROM AUTHOR]

Copyright of Psychosozial is the property of Psychosozial-Verlag GmbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ruch Prawniczy, Ekonomiczny i Socjologiczny (0035-9629) is the property of Adam Mickiewicz University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Summary: Concerns over health care in US Immigration and Customs Enforcement (ICE) facilities have grown over the past decade, including reports of medical mismanagement, inadequate mental health care, and inappropriate use of solitary confinement. Despite being a federally funded agency, reporting and accountability of health outcomes in ICE facilities is limited. This manuscript outlines current standards for health in ICE detention, how compliance is evaluated, why this process fails, and how current processes can be improved to achieve transparency and accountability. Ultimately, health metrics must be: 1) frequent; 2) timely; 3) granular; 4) collected by an independent body; and 5) publicly reported. Financial compensation for health service providers must be contingent on meeting these required metrics, with contract termination for persistent violations. Transparent and accountable monitoring systems, as are required in other federally funded healthcare facilities, are essential to accurately measure health outcomes and harms of individuals held in detention.

Abstract Background When an individual is detained in hospital it is important that they maintain contact with their family, friends and communities as these can be helpful for their well-being and recovery. Maintaining these relationships is also important to unpaid carers (family or friends), but they can be strained by carers’ instigation of, or compliance with, the involuntary detention. Section 17 of the Mental Health Act (1983) in England and Wales allows for temporary leave from hospital, from an hour in the hospital grounds to going home for a few days. However, carers are not always involved in decisions around statutory s.17 leave, even where they are expected to support someone at home. This study aimed to explore how practice can be improved to better involve and support carers around s.17 leave. Methods Semi-structured interviews and focus groups were held with 14 unpaid carers and 19 mental health practitioners, including four Responsible Clinicians, in three sites in England in 2021. The research explored views on what works well for carers around s.17 leave, what could be improved and the barriers to such improvements. Transcripts were analysed using reflexive thematic analysis. Results Three themes were identified in the analysis: the need for carer support and the challenges surrounding provision; challenges with communication, planning and feedback around s.17 leave; and inconsistency in involving carers around s.17 leave. Permeating all themes was a lack of resources presenting as under-staffing, high demands on existing staff, and lack of time and capacity to work and communicate with carers. Conclusion Implications include the need for more funding for mental health services for both prevention and treatment; staff training to increase confidence with carers; and standardised guidance for practitioners on working with carers around s.17 leave to help ensure consistency in practice. The study concluded with the production of a ‘S.17 Standard’, a guidance document based on the research findings consisting of 10 steps for practitioners to follow to support the greater involvement and support of carers.

The paper analyses the Screening Proposal presented by the European Commission as part of the New Pact on Migration and Asylum. The aim is to clarify what would be new and old in the EU’s legal framework and practices at the external borders, focusing mainly on immigration detention. In particular, the study addresses possible changes and continuities in detention policies. The research conducts a legal analysis aimed at determining the level of legal certainty and identifying legal loopholes and shortcomings. In order to contrast the results of the analysis, the study focuses on the Spanish legal system on border and migration control. Specifically, the study analyses the impact of an eventual adoption of the Screening Proposal on the Spanish border detention system. As a result, the research highlights that the current detention mechanisms in Spain already fulfil the functions pursued by the screening and border procedures proposed as new in the Pact. Furthermore, the approval of the Screening Proposal would entail constitutional and legal amendments that would reduce the scope of migrants’ human rights and procedural guarantees at Spanish borders. The paper argues that, if the proposal is approved, screening and pre-entry border procedures still should meet a set of human rights basic standards and international obligations, according the current legal framework and the case-law of regional courts. EL CONTROL PREVIO A LA ENTRADA Y LOS PROCEDIMIENTOS FRONTERIZOS COMO NUEVOS DISPOSITIVOS DE DETENCIÓN EN EL PACTO DE MIGRACIÓN Y ASILO DE LA UE. LAS FRONTERAS ESPAÑOLAS COMO LABORATORIO DE LAS POLÍTICAS DE INMOVILIDAD El artículo analiza la Propuesta de Screening presentada por la Comisión Europea como parte del Nuevo Pacto sobre Migración y Asilo. El objetivo es aclarar qué hay de nuevo y de antiguo en el marco jurídico y las prácticas de la UE en las fronteras exteriores. En particular, el estudio aborda los posibles cambios y continuidades en las políticas de detención. La investigación lleva a cabo un análisis jurídico dirigido a determinar el nivel de seguridad jurídica e identificar las lagunas y deficiencias legales. Para contrastar los resultados del análisis, el estudio se centra en el ordenamiento jurídico español en materia de control fronterizo y migratorio. En concreto, el trabajo analiza el impacto de una eventual adopción de la Propuesta de Screening sobre el sistema español de detención en frontera. Como resultado, la investigación pone de relieve que los actuales mecanismos de detención en España ya cumplen las funciones que persiguen los procedimientos fronterizos propuestos como nuevos en el Pacto. Además, la aprobación de la Propuesta de Screening conllevaría modificaciones constitucionales y legales que reducirían el alcance de los derechos humanos de los migrantes y las garantías procesales en las fronteras españolas. El trabajo sostiene que, si se aprueba la propuesta, el screening y todos los procedimientos fronterizos previos a la entrada deberían seguir cumpliendo una serie de normas básicas de derechos humanos y obligaciones internacionales, de acuerdo con el marco jurídico actual y la jurisprudencia de los tribunales regionales. LE CONTROLE PREALABLE A L’ENTREE ET LES PROCEDURES AUX FRONTIERES COMME NOUVEAUX DISPOSITIFS DE DETENTION DANS LE PACTE EUROPEEN SUR LES MIGRATIONS ET L’ASILE. LES FRONTIERES ESPAGNOLES COMME LABORATOIRE DES POLITIQUES D’IMMOBILITE L’article analyse la proposition de filtrage présentée par la Commission européenne dans le cadre du nouveau pacte sur la migration et l’asile. L’objectif est de clarifier ce qui est nouveau et ce qui est ancien dans le cadre juridique et les pratiques de l’UE aux frontières extérieures. En particulier, l’étude aborde les changements possibles et les continuités dans les politiques de détention. L’étude procède à une analyse juridique visant à déterminer le niveau de sécurité juridique et à identifier les lacunes et les insuffisances juridiques. Pour contraster les résultats de l’analyse, l’étude se concentre sur le système juridique espagnol dans le domaine du contrôle des frontières et de la migration. Plus précisément, l’étude analyse l’impact d’une éventuelle adoption de la proposition de filtrage sur le système espagnol de détention aux frontières. Il en résulte que les mécanismes actuels de détention en Espagne remplissent déjà les fonctions poursuivies par les procédures frontalières proposées comme nouvelles dans le Pacte. En outre, l’approbation de la proposition de filtrage entraînerait des modifications constitutionnelles et juridiques qui réduiraient la portée des droits de des migrants et des garanties procédurales aux frontières espagnoles. L’étude affirme que, si la proposition est adoptée, le screening et toutes les procédures de pré-entrée aux frontières devraient continuer à respecter un ensemble de normes fondamentales en matière de droits de l’homme et d’obligations internationales, conformément au cadre juridique actuel et à la jurisprudence des tribunaux régionaux.

The subject of the article is the violation of the right to legal representation stemming from detention orders during an investigation. Based on the initial hypothesis, the author attempts to elucidate a different legal stance from the one that has arisen from domestic legal practice in relation to the right to legal representation pertaining to detention orders during an investigation in criminal cases. Also, it is important to emphasize that the article addresses all the elements of the right to legal representation, which, in their totality, represent the application of the right to due process, but at the same time, in addition to the theoretical understanding of the subject addressed in the article, the primary goal was to provide a solution to a practical issue that is often dealt with in a manner opposite from the one that is taken as the hypothesis of this article. The article employs a normative and comparative legal analysis of the relevant provisions of the domestic and international legal acts, the methods of document analysis, case studies, as well as mid-range methods such as sampling and surveying in the form of an interview or questionnaire. The results show that the right to legal representation is a multi-layered right of the defendant and their attorney. On the other hand, the author concludes that certain solutions of domestic legal authorities are in contradiction to the solutions of the European Court of Human Rights and the normative solutions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Finally, the author argues that the legal issue of court practice analyzed in this article should be solved in a manner that is different from the current prevailing position of domestic courts.

This literature review focuses on research related to Port State Control (PSC) inspections carried out on board ships, with a particular focus on areas of interest and data analysis methods adopted during research. The five steps involved in the literature review process include: (1) determining the research questions, (2) gathering works of literature for review, (3) conducting selection and screening based on the inclusion and exclusion criteria, (4) analyzing the selected works of literature and ensuring the quality of the data, and (5) reporting the result of the literature review. Based on the comprehensive searches throughout various databases, the most high-impacted databases in sequence were Elsevier, Taylor & Francis Online, (Multidisciplinary Digital Publishing Institute) MDPI, Springer, and others such as Emerald Insight, Science Direct, and Google Scholar. There were 2,023 articles published between 2018 and 2022 gathered during the initial search process, and the 41 final papers were ultimately selected for in-depth analysis after a selection process. The four main research focuses found from this literature review were (1) the selection of ships for PSC inspection, (2) the New Inspection Regime (NIR), (3) the identification of findings during PSC inspection, and (4) detention of ships under PSC inspection. From the literature review, 37% of the final selected articles focused on vessel selection, 33% noted the findings, 23% focused on vessel detention, and only 7% explored the New Inspection Regime (NIR). From the review, most articles used the Bayesian networks (BN) method for data analysis, followed by traditional analysis, Ideal Solution Similarity Order Priority Technique (TOPSIS), Hierarchical Analytical Process (AHP), Apriori Algorithm, and Gray Relational Analysis (GRA). This result could provide valuable information to professionals in the maritime industry, and this literature review signifies the importance of Port State Control (PSC) inspections in fostering the better development of the global maritime transportation system especially to ensure maritime safety.