Essays on Detainee

The Federal Torts Claims Act (FTCA) is the statute that allows for the recovery of damages against the United States (Cann 487). This Act allows prisoners of the federal government and pretrial detainees in federal correction facilities to file lawsuits against the United States if a federal officer injures them. The Federal Torts Claims Act enables a litigant to sue the federal government over torts committed by its employees (Cann 487). The United States has no qualified immunity under this Act. It is important to note that the Act does not limit a noncitizen from suing the federal government. ...

The rule of law requires a fair access to justice for England and Wales as well as any other sovereign country with a governing constitution. The route towards delivering equitable access to justice to all citizens requires enrolment of all justice department stakeholders as well as other interested parties. For instance, each of the arms of the government has their own responsibilities that need execution to the best of their ability in order to ensure equal justice to all. In this case, each arm of the government is it the legislature, executive, or judiciary should not intimidate or influence ...

Zero Dark Thirty is a film that has sparked a great deal of debate. The debate centers around the ethical and moral issues it presents, which will be discussed. The film is a darkly realistic unfolding of the events following the September 11, 2001 attacks. The film climaxes with the discovery and killing of the sponsor of the September 11 attacks, Osama bin Laden. The film is presented from the inside point of view of the CIA agents involved with the gathering of information. The thought-provoking film forces us to question government secrecy and counter-terrorism. The main focus of ...

Facts: Sheriff Joe Arpaio installed a number of internet connected cameras (webcams) in his jail. The cameras provided 24-hour real-time coverage of what was happening in the jails to any with internet access. The main use for the jail was to provide pre-trial detention suspects and defendants who were awaiting the resolution of their cases or other disposition. That is to say, the detainees in the jails might have been charged with an offense but had not been convicted of any crime. Arpaio’s ideas for installing the webcams was to provide the community and wider public of what ...

INTRODUCTION

In an era where national and international security is of paramount concern, it is necessary to take proactive means to facilitate that security. This may include new laws, reforming policies and passing legislation that benefits that goal. The United States is no exception. One of the most essential aspects of proactive security is information from and regarding the “enemy” in question. Unfortunately, how that information is gained remains a heavily debated topic. In fact, for some there are no limitations on those means, America should do whatever is necessary. At the same time there are many who consider the ...

Introduction

Dilawar, a taxi driver and an Afghan citizen, was considered as a kind and honest man by the villagers. As such, when the U.S. military detained him, after he had picked up three customers, denizens could not understand why. Picking the innocent taxi driver and hold him in prison without trial remained questionable. Five days after his arrest, his mysterious death in Bagram prison cell followed. Death of Dilawar came just a week after another mysterious death of an Afghan at Bagram. The documentary indicated that, the taxi driver and the other detainee died from injuries sustained at the prison. Injuries inflicted ...

Eventually, Ted Bundy was "fried" on the electric chair in Florida in 1989. A local, shouted to the onlookers that crowded the prison gates that day: "turn off your coffee makers, all the electricity will be needed here today!" Ted Cowell was raised in a perfectly fine, absolutely normal family, with loving parents and 4 other siblings. Well, according to him. However, the official version is a little bit different. He was born to a single mom, which at that time was considered to be despicable, thus, his grandparents, took him in as his son, and he grew up thinking that ...

Introduction

The end of World War II has introduced an era where human rights were not only appreciated, but also considered inherited entitled. They were addressed by the Universal Declaration of Human Rights, which was adopted by the U.N. General Assembly, as part of the International Bill of Human Rights, in December, 1948 (United Nations). According to the Universal Declaration of Human Rights, Article 9, no person should be subjected to “arbitrary arrest, detention or exile” (United Nations). However, during wartime, the Fourth Geneva Convention is used, so to define detainees. There are many contradicting viewpoints, as to whether an ...

In March 20th, 2003, America started on of the longest wars in the world. The American forces invaded Iraq without warning and triggered the beginning of the war. There were claims by the United Kingdom and the United States of America that, Iraq was in possession of weapons of mass destruction (WPM) and thus was a threat to their security and to the coalitions in the region (Blair, 2002). The United Nations monitoring, verification and inspection commission (UNMOVIC) had conducted a thorough search and verification in Iraq prior to the attack to ascertain this claim. They found no evidence of ...

Marbury v Madison, is an early precedent that has been used to support judicial review. It demonstrated the responsibility of all arms of government as far as the preservation of constitutional values is concerned. It gave the courts the mandate to rule on the constitutionality of a legislative act. This has discouraged the legislature from voting in bills that are repugnant to the Constitution. This is by indicating that those acts that are repugnant to the constitution are not fit to be laws of the land. This is a great indicator of the superiority of the constitution. The decision and ...

PSYCHOLOGY IN THE NEWS

Introduction For the purpose of doing an analysis, an article, called “psychologists to review role in detainee interrogations” was chosen. The article is relevant because it was published on November 13th 2014. The article mainly talks about the role that the association of psychologists played in interrogating detainees during the Era of president Bush. The article acknowledges that the detained were exposed to torture during the interrogation and that critics stated that psychologists were involved. It states the demand for answers prompted the association to conduct an independent study that will show whether the psychologists were involved in ...

For the past recent years, there has been domination of the Spanish public sphere by intense debates concerning historical memory and the restoration of the past, centered on the years of the Franco dictatorship (1939-1975) and the Spanish Civil War (1936-1939), and the conversion to democracy during the instantaneous post-Franco period. The early years following the new regime brought a silencing of the past injustices in order to simplify the nonviolent transition to democracy with commentators contending that "political absolution" got to be mistaken for "recorded amnesia" for the sake of national compromise. As an outcome, the stories of Republican ...

The writ of habeas corpus is one of the major developments that brought significant transformations in law. “habeas corpus” is a doctrine that is based on the argument that an individual should not be unlawfully detained. According to Anderson (2006), the doctrines states that “the prisoner or detainee should be brought before the court to decide on the lawfulness of a person’s detention or imprisonment”. The doctrine is has been used in regular occasions in various countries. In the United States, habeas corpus can be used by the federal courts to determine the validity of a prisoner’s detention by the ...

The Role of a Probation Supervisor

Since the implementation of the Probation Act of 1925 and Sentencing Reform Act of 1984, a probation supervisor has had the task of overseeing convicted criminals and implementing directed discharges respectively. The Act on federal courts administration stated that probation supervisors could likewise regulate convicted criminals restrictively discharged as provided in the procurements of laws and federal offender code. The two highlight the specific roles and responsibilities of the supervisors of convicted criminals in United States under number 18.US.C 3552. According to the duties of a probation supervisor, the officer assists the court through directing a presentment examination. The presentment is ...

In the wake of 9/11 and the beginning of the War on Terror, the American public has developed a much more complex relationship with its government than ever before. Given the fears and security risks inherent to a non-government organization with no lines of citizenship, yet significant intent to harm the American people, many changes and reevaluations of civil liberties have taken place. Most important among these is the writ of habeas corpus, which has slowly been eroded in the past decade between Guantanamo Bay and the PATRIOT Act, leaving American citizens worried about their own freedom and sovereignty being threatened ...

The events of 9/11 dramatically changed foreign policy and the treatment of national security in America. Given the organized and terror-based nature of the attacks, it was decided that a unique facility had to be created, isolated from the rest of the world, that would detain people of interest and enemy combatants. That place became the facility at Guantanamo Bay, where the United States maintains territorial control and has complete jurisdiction, despite the territory not being part of the United States. Since its creation and occupation by enemy combatants, questions have been raised as to the ethical treatment of prisoners ...

Introduction

An order of Habeas Corpus also known as the Great Writ is a Latin term which basically means produce the body. The writ is usually given by a court requiring a jailer to produce a prisoner before a judge within a certain period, failure of which exposes the jailer to legal sanctions for contempt of court. It has been touted for long as the bedrock of personal liberty in both the American and British legal systems. The objective of the writ is not to determine the innocence or otherwise of the detainee but rather to evaluate the lawfulness of such detention and whether it satisfies ...

Torture is a contentious subject, particularly in this day and age. The issue of whether or not torture should be allowed under certain circumstances is one that is constantly being debated in the American political science field. When considering torture, the main question posed to the government and military-industrial complex seems to be whether or not torture is ever an acceptable way to elicit information out of an individual. The discussion of torture is a complex one, because torture is considered morally reprehensible in nearly every way; however, the discussion of torture asks the government to weigh the human rights of ...

Political Science

Federman (2010, p.215) stated that the Writ of Habeas Corpus provides a mode of redress for violating the provisions of the due process law under the Constitution. Under the U.S. federal law, the writ has permitted the state prisoners who have been convicted to appeal their cases to the federal district court and question the basis for such judgment finding them guilty. However, it is mandatory for the federal habeas corpus courts to have jurisdiction over the subject matter before setting the case for hearing and issue a ruling based on the merits. In the event that the federal court shall ...

the War on Terror the War on Terror The writ of habeas corpus can be literally translated into “you should have the body.” The words “habeas corpus” were the original first words of a writ, or legal action, that was began in Anglo-Saxon common law. This writ was ordered by the king, and used when prisoners were to be moved from an outlining prison to the king’s court to testify (Robertson, 2002). It has evolved, however, into a means for prisoners to challenge their incarceration. Prior to the most recent legal developments in this area, the writ was ...

Psychology

What is the significance of a detainee's biography in the forensic psychological assessment of mentally ill offenders? A forensic psychological assessment seeks to provide information to attorneys and courts for the purpose of making legal determination. The psychologist seeks to discern the relationship between the detainee’s mental disorder (if any) and the offence they are charged for (if proven). Biographical investigation is one method of performing a forensic psychological evaluation. The detainee’s biography provides background information as a source of knowledge to form the basis of a biographical investigation. A biography gives a unique and personalized narrative of an individual devoid ...

I. Executive Summary The present memorandum details an analysis and suggested response strategy to the recently disclosed American military activities within the Abu Ghraib detention center in Iraq. In forming the analysis, I provide a discussion of the major causative factors of the situation and an overview of the authorizing environment in place. The recommended response strategy details a five-step program to address the crisis in a way that acknowledges the issues and provides concrete actions to remedy the damage. Finally, this memorandum closes with a review of the lessons to be taken forward from this situation with the ultimate goal of ...

Introduction

Habeas corpus is defined as the writ in which the person who has been arrested faces trial to defend their innocence. This writ of habeas corpus is a term from the legal phrase called that you have the body. This is made into law in which it is a must for all who are detained to be taken to the courts and judged without any prejudice. This is a way for the jurisdiction to show people the reasons why they have arrested a person. The habeas corpus is a very important tool for the American and English laws especially when it comes to protecting ...

The Bush Administration established the Guantanamo Bay detention camp (hereafter GITMO) at Guantanamo Bay Naval Base, Cuba in 2002 as a detainment facility for prisoners from the wars in Afghanistan and Iraq (Hotz, 2012). However, extensive use of GITMO started after 9/11 attacks, when, on September 14, 2001, President Bush declared a national emergency against international terrorism and the United States (US) Congress passed a resolution (S J Res 23 in Senate) to use force against 9/11 attackers and to deter and prevent acts of international terrorism (ThePoliticalGuide, 2013). Currently, hundreds of detainees are being held in GITMO as “enemy combatants,” ...

The Guantanamo Bay detention camp also known as G-bay or GITMO is a military interrogation and detainment facility that was established in 2002. Guantanamo bay detention camps are high security detainee camps which are run by the United States army. These camps were established to hold people deemed unlawful combatants. The areas of detainment consisted of three camps which were the camp Iguana, Camp Delta which included Camp Echo and lastly there was Camp X-ray. This detention camp is located in Cuba within the Guantanamo naval base. The Bush administration ruled out that the Guantanamo detainees are not entitled to ...

Individual liberties in the United States (U.S.) would be at a loss without the writ of habeas corpus as provided in the U.S. Constitution. Any American citizen who has experienced trouble with the law recognizes it and is granted this right to appear before a judge first and foremost above anything else. However, even non-citizens of the U.S. detained in the war on terror have been granted the right of habeas corpus as determined by the U.S. Supreme Court. As a result, some of the detainees released have gone on to plan more violence against the U.S. Therefore, the writ of habeas ...

INTRODUCTION

The events of 9/11 dramatically changed foreign policy and the treatment of national security in America. Given the organized and terror-based nature of the attacks, it was decided that a unique facility had to be created, isolated from the rest of the world, that would detain people of interest and enemy combatants. That place became the facility at Guantanamo Bay, where the United States maintains territorial control and has complete jurisdiction, despite the territory not being part of the United States.

Since its creation and occupation by enemy combatants, questions have been raised as to the ethical treatment of prisoners ...