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1 May 2008, 12:14 am
In addition, international human rights law standards relating to detention, habeas corpus and so on have developed through jurisprudence that focused largely on the legitimate democratic crisis that arises in times of terrorist threat; thus the standards have been set with the need to detain in mind (see further my "The Right to Challenge the Lawfulness of Detention: An International Perspective on US Detention in the War on Terrorism" (2007) 12(2)… [read post]
29 Apr 2008, 12:20 pm
You can read his testimony, or listen to a podcast, to learn more about what he endured while detained in ICE custody. [read post]
29 Apr 2008, 7:13 am
People of the State of New York, No. 06-0341 A state-party's failure to fulfill its obligation to inform a detained alien of the prospect of consular notification and access, pursuant to Article 36 of the Vienna Convention, cannot form the basis for the individual to bring an action for damages under the Alien Tort Statute (ATS), 42 U.S.C. section 1983, or directly under the Vienna Convention. [read post]
26 Apr 2008, 10:48 am
For another thing, it'd be reasonable to ask whether Britain's skittishness about anti-pirate coalition efforts here is bound up with its ongoing discomfort working with the United States in detention operations generally (in light of our recent track record of torturing folks we detain). [read post]
17 Apr 2008, 9:43 pm
The troubling practice of detaining and transporting individuals outside the extradition process has become accepted in American jurisprudence. [read post]
17 Apr 2008, 3:22 am
Offenders referred to this program were seen in both individual and group counseling, according to individual needs. [read post]
14 Apr 2008, 11:51 am
Anders, No. 06-2982 In a suit against a police officer alleging wrongful arrest, excessive force and due process violations, denial of qualified immunity is reversed where the plaintiff's detention fell within the bounds of a constitutional investigatory stop, and the police officer did not act unreasonably in detaining plaintiff to determine his identity. [read post]
11 Apr 2008, 1:13 pm
Al-Marri’s counsel have contended in court that he was being detained for interrogation, and that is not a valid basis for detention. [read post]
9 Apr 2008, 11:14 am
As soon as the April 4 hearing began, the Circuit Court judges moved in to explore with Willett the impact of AUMF (the 9/11 Resolution) on the power to detain someone believed associated with the Turkistan Movement. [read post]
8 Apr 2008, 10:46 am
The ACLU is in appeals court in Seattle today, arguing that former Attorney General John Ashcroft can be held personally responsible for the wrongful arrest and detention of Abdullah al-Kidd. [read post]
7 Apr 2008, 10:52 am
In other words, GTMO is, and has been, largely about interrogation, not incapacitation.Is it lawful for the military to indefnitely detain individuals who are not threats but who are suspected of having intelligence value? [read post]
7 Apr 2008, 6:31 am
For example, Yoo's assertion that the Fourth Amendment has "no application to domestic military operations" uses the rhetorical trope of the "war on terror" to mask the creation of a police state that can seize, interrogate, and indefinitely detain individuals on mere suspicion. [read post]
1 Apr 2008, 9:15 am
” Under the 9/11 Resolution (the Authorization for Use of Military Force), his lawyers contend, the authority to detain individuals connected with groups involved in the 9/11 terrorist attacks “is limited to detention consistent with the law of war…and the law of war recognizes that juveniles lack the capacity and judgment to become valid, consenting ‘members’ of armed forces, and therefore cannot properly be considered… [read post]
23 Mar 2008, 11:29 pm
The U.S. brief filed in advance of oral argument cites as the "threshold jurisdictional question" in the case whetherUnited States courts lack jurisdiction to review the detention of individuals held broad pursuant to international authority, including individuals held by United States forces acting as part of a multinational force. [read post]
23 Mar 2008, 11:14 pm
The U.S. brief filed in advance of oral argument cites as the "threshold jurisdictional question" in the case whether United States courts lack jurisdiction to review the detention of individuals held broad pursuant to international authority, including individuals held by United States forces acting as part of a multinational force. [read post]
22 Mar 2008, 3:40 pm
Osbourne, Justice Brewer wrote: [16] Community-based policing policing generally involves increased interaction between police and officers and the public they serve in an effort to reduce the incidents of crime and alleviate fear in the neighborhood […][17] the police have the authority to stop and question a pedestrian, but not to detain that person, unless the detention is also permitted by law: R. v. [read post]
2 Mar 2008, 7:13 am
This case is the portrayal of what Justice Marshall was talking about: a detention based on reasonable suspicion for legitimate government purposes. [read post]
27 Feb 2008, 5:12 am
It is true that in Mendez, the officers managed to ticket and question detained drivers simultaneously. [read post]
24 Feb 2008, 3:04 am
He was finally moved back to the prison section where he was initially detained on 7 November 2007 and held in an individual cell. [read post]
19 Feb 2008, 4:00 am
LEXIS 21 (February 15, 2008): An individual's criminal history may be a relevant factor when determining whether an officer has reasonable suspicion to detain an individual. [read post]
