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A New System Of Preventative Detention - Let's Take A Deep Breath, Jennifer Daskal Jan 2009

A New System Of Preventative Detention - Let's Take A Deep Breath, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

Some have argued that the detention center at Guantanamo Bay cannot be closed until the U.S. passes new preventive detention laws that would allow it to detain those who cannot be tried but are considered too dangerous to release. This article rejects these claims, concluding that the existing criminal justice system can adequately deal with those who the U.S. should be seeking to detain. The article also warns of the costs of trying to set up an entirely new system of detention without charge. The article cautions that such a system will negate many of the reputational gains associated with …


Never Too Late To Go Home Again, David Spratt Jan 2009

Never Too Late To Go Home Again, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Legal Responses To Sexual Violence In Custody: State Criminal Laws Prohibiting Staff Sexual Abuse Of Individuals Under Custodial Supervision, Brenda V. Smith, Jaime M. Yarussi Jan 2009

Legal Responses To Sexual Violence In Custody: State Criminal Laws Prohibiting Staff Sexual Abuse Of Individuals Under Custodial Supervision, Brenda V. Smith, Jaime M. Yarussi

Articles in Law Reviews & Other Academic Journals

This publication is part of a larger scholarly project and one in a series that aims to create a “legal toolkit” for addressing sexual violence in custody. This publication begins with a brief discussion of staff sexual misconduct, and then examines a variety of definitions of staff sexual misconduct as defined by federal law. Next, the publication explores, in detail, sexual misconduct as defined by state criminal laws in the United States, provides examples of current state criminal laws on staff sexual misconduct and discusses the legal implications of these statutes. Finally, this publication concludes by reviewing the policy issues …