Pressured into a Preference to Leave? A Study on the “Specific” Deterrent Effects and Perceived Legitimacy of Immigration Detention

Immigration detention is formally not a punishment, but governments do use it to deter illegal residence. This study examines whether and how immigration detention affects detainees’ decision‐making processes regarding departure, thereby possibly resulting in de facto “specific deterrence.” Semistructured face‐to‐face interviews were conducted in the Netherlands with 81 immigration detainees, and their case files were examined. Evidence is found for a limited, selective deterrence effect at the level of detainee's attitudes: most respondents considered immigration detention a painful and distressing experience, but only a minority—mostly labor migrants without family ties in the Netherlands—developed a preference to return to their country of citizenship in hopes of ending their exposure, including repeated exposure, to the detention. In line with defiance theory, we find that eventual deterrent effects mostly occurred among detainees who also attributed some measure of legitimacy to their detention. Among some detainees, the detention experience resulted in a preference to migrate to a neighboring European country.     

Collective Liminality: The Spillover Effects of Indeterminate Detention on Immigrant Families

This article introduces the concept of collective liminality, a shared condition of heightened threat and uncertainty experienced by immigrant detainees and their families, as they wait, caught between two possible outcomes: their loved one's (temporary or permanent) release into the US or deportation. Drawing on 2 years of ethnographic data collection between 2015 and 2017 that included accompanying families to visitation at three Southern California detention facilities, and in-depth interviews with former detainees and their relatives, I demonstrate the broader “collateral consequences” that immigration detention inflicts on detainees' loved ones. I find that not only does the detained individual experience liminality, but the detention of a loved one places the family in a state of shared liminality, which is experienced at two levels: material and emotional. These hardships materialize even before the detainees' deportation and can persist even after their release back into the US. This research extends scholarship on the impacts of detention on detainees, and on the consequences of deportation for families. The concept of collective liminality highlights how immigration detention functions as a critical tool of immigrant surveillance, punishment, and exclusion.     

Legal Attitudes of Immigrant Detainees

A substantial body of research shows that people's legal attitudes can have wide‐ranging behavioral consequences. In this article, I use original survey data to examine long‐term immigrant detainees’ legal attitudes. I find that the majority of detainees express a felt obligation to obey the law, and do so at a significantly higher rate than other U.S. sample populations. I also find that the detainees’ perceived obligation to obey U.S. immigration authorities is significantly related to their evaluations of procedural justice, as measured by their assessments of fair treatment while in detention. This finding remains robust controlling for a variety of instrumental and detainee background factors, including the detainees’ experiences with the legal system and legal authorities in their countries of origin. Finally, I find that vicarious procedural justice evaluations based on detainees’ assessments of how others are treated are as important to detainees’ perceived obligation to obey U.S. immigration authorities as their personal experiences of fair or unfair treatment. I discuss the broader implications of these findings and their contributions to research on procedural justice and legal compliance, and research on legal attitudes of noncitizens.     

羁押场所巡视制度研究报告

作为一种程序外的酷刑预防机制,羁押场所巡视制度通过邀请社会公众不定期地、未经事先通知地访问看守所,巡视看守所的羁押条件、羁押执法活动是否符合我国法律、法规的相关规定,有效地提高了看守所被羁押人的待遇、促进了监管机关执法的规范化。制度的试行还向社会公众传递了看守所规范执法的积极信息,增强了公众对看守所的了解与信赖。该试点研究通过比对试点前后的相关数据,包括衡量看守所条件、权利保障状况的指标得出了上述结论。     

Bent into Security: Barrister Contribution to a Skewed Order in Two Terrorism Prosecutions in Australia

This article explores two terrorism prosecutions – R v. Benbrika and Ors and R v. Elomar and Ors – to probe how Australian lawyers approach the integration of national security interests into the heart of public law. A brief background is provided followed by an analysis of how the Security Legislation Amendment (Terrorism) Act 2002 (Cth), as amended, and the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) deviate from the legal order to produce a ‘skewed blend’ between national security and criminal justice. We examine three ways in which barristers contribute to bending of process in counter‐terrorism trials: accommodation to the precautionary standard, the resetting of equality of arms expectations, and brokered agreements that depend on the deferential relationships within the court. Consequently, the moral asymmetry of terrorism is the backdrop for the ‘plausible legality’ of ‘just world’ derogations from liberal politics.     

Crafting public security: demilitarisation,penal state reform and security policy-making in post-authoritarian Chile

ABSTRACT

Here I dissect the institutionalisation of ‘citizen security’ as a category and sector of public policy in post-authoritarian Chile. Deploying a Bourdieusian field theory approach and questioning narratives of security policies as responses to criminality or adaptations to democratic values, I argue that the construction of a new security policy sector – with a new consensus (distinct from that of National Security), with reformed police and courts in its core, leaving aside the military and extending beyond traditional agencies – derives from (i) struggles over policing and criminal justice reforms, (ii) tensions between the military and democratic authorities in democracy and (iii) performative integrations of the new policy components. These mechanisms explain the evolution of the security problem and the progressive aggregation of bureaucratic agencies and methods to the ‘public security policy’ – policing, judiciary, urban design, prisons and prevention plans. I close discussing alternative accounts of institutional variations in security governance in the region.     

Co-occurring psychiatric and substance use disorders among male detainees in Italy

This paper presents data on the prevalence of co-occurring substance use and psychiatric disorders among newly imprisoned males in Italy. Interviewers conducted semi-structured clinical interviews with n = 302 male detainees seven days after their admission to the prison of Perugia from August 2005 through July 2006. Over half of male detainees (54.3%) had either a substance use disorder or another psychiatric disorder. One of every five detainees (20.9%) had comorbid substance use and psychiatric disorders. Compared to detainees with psychiatric disorder only, substance use disorder only, or no disorder, detainees with comorbid substance use and psychiatric disorders were significantly more likely to have severe impairment in the areas of employment, substance abuse, family and social functioning, and psychiatric symptoms. Findings underscore the need for careful diagnostic screening at intake, access to treatment during detention, and an effective transition to services at the time of release.     

Prison Birthday: "It's All Good"

Due to an overreliance on arrests in the late 1990s, the incarceration of young women in the United States increased dramatically. On any given day in 2010, over 9000 girls were held in residential placement. Largely hidden from public view, little is known about the health requirements of female adolescent offenders in US secure custody. Less is known about how those needs are met while in detention. Curiously, while most theories regarding female juvenile delinquency draw upon non-criminogenic health-related factors – sexual abuse, family violence, and low self-esteem – their specific legal troubles are rarely, if ever, framed in public health terms. Drawing on original interviews with 100 court-involved girls, detainees’ perceptions of their medical, psychological, sexual, and social health concerns are highlighted. The data link court-involved girls’ prior health issues to their coming to the attention of juvenile authorities as well as demonstrating possible non-compliance with domestic and international standards for the health rights of juveniles deprived of their liberty.     

Pretrial Detention in India: an Examination of the Causes and Possible Solutions

The average rate of pretrial detention in India is 20 per 100,000 of the general population, which is less than half the global average. However, as of 2013, the number of pretrial detainees as a proportion of all prisoners is 67.6 %—over twice the global average. This article seeks to understand the causes of such a high proportion of pretrial detention. Answering this question will help evaluate the present governmental response to the problem of pretrial detention. The article begins by examining the laws and practice of pretrial detention in India and then tries to explain the disjuncture between the two by analysing, first, the role of various functionaries, namely the police, prosecutors, judiciary and prison officials; second, the profile of the pretrial detainees and their (in)ability to post bail and, finally, the (in)effectiveness of the existing legal aid system. It posits that while partly a result of relatively low overall convict populations, the high incidence of corruption; shortage of human, physical and monetary resources and governance and lack of coordination contribute to the high number of pretrial detainees in the prison population in India. It then concludes by describing existing solutions and referencing the practice in Pakistan and Bangladesh, which face similar problems and have similar laws and institutional structures.     

Positive Obligations and the International Criminal Tribunals’ Law of Detention: Funding Family Visits and the ICC Presidency’s Ngudjolo Decision

This article addresses the issue of whether the international criminal tribunals are under an obligation to fund family visits for indigent detainees. It examines the concept of positive obligations and its relation to the detention situation and describes the practice of funding family visits as it has developed at the International Criminal Court. It further analyses relevant developments in the Court’s case law. It argues that the Court is indeed obliged to fund family visits. In this regard, the mere recognition of a detainee’s right to family visits in the tribunals’ legal frameworks andin international soft-law penological standards can be said to inadequately reflect the particularities of international detention.

     

Punishing the Innocent: Children of Incarcerated and Detained Parents

Abstract

About 2 million minor children in the U.S. have at least one parent incarcerated for criminal offenses. There are about 33,000 undocumented persons detained by Immigration and Customs Enforcement in jails and federal detention centers around the country, and 79% of the minor children of these detainees are U.S. citizens. There are few government programs that measure and respond to the harm caused to these children by the incarceration and detention of their parents, and the negative effects on these children are largely ignored in public policy debates about incarceration and immigration detention. I argue that we have an obligation to these children based on (1) the special status of children, (2) the harm caused to children by the arrest, detention and incarceration of their parents, (3) current incarceration and detention policies even in the presence of alternatives that would, on balance, create less harm.     

Interdiction and Indoctrination: The Counter‐Terrorism and Security Act 2015

Lying behind the recent Counter‐Terrorism and Security Act 2015 is the phenomenon of foreign terrorist fighters which has sparked international and national attention. The 2015 Act deals with many facets of counter terrorism legislation, but its two principal measures are singled out for analysis and critique in this paper. Thus, Part I of the Act seeks to interdict foreign terrorist fighters by preventing suspects from travelling and dealing decisively with those already in the UK who pose a risk. Part V of the Act implements the second, broader aspect, of legislative policy, reflecting the UN emphasis on ‘Countering Violent Extremism’, through the statutory elaboration and enforcement of the ‘Prevent’ element of the long‐established Countering International Terrorism strategy, which aims to stop people becoming terrorists or supporting violent extremism. These measures are explained in their policy contexts and set against criteria of effectiveness, personal freedom, and accountability.     

Global forces and local effects in youth justice: The case of Moroccan youngsters in Netherlands

Muncie recently argued for the emergence of ‘something of a global youth juvenile justice’ to explain considerable homogenisation of youth justice in many countries. Global forces upon youth justice are particularly discernable in the Netherlands, either via policy transfer or policy diffusion but also and perhaps mainly through a process of ‘otherisation’ of ethnic minority youngsters of Moroccan descent that are highly overrepresented in police contacts and detention rates. This paper argues that an analysis of youth crime and youth justice needs to consider the dialectic processes of globalisation. It needs to be sensitive to its local effects, as well as to the ways in which ethnic minority youngsters engage in offending behaviour that may well be framed as rebellious transnational identity work.     

Psychiatric disorder,IQ, and emotional intelligence among adolescent detainees: A comparative study

Objectives. To document criminality, psychiatric difficulty, IQ, EQ, and EI amongst Irish, male juvenile detainees (Detainee Group). To compare their IQ, EQ, and EI to non‐offending boys attending a child psychiatry clinic (Psychiatric Group) and boys without offending or psychiatric problems (Community Group). To compare psychiatric morbidity between the detainee and psychiatric groups. Method. Criminality levels of 30 detainees were evaluated using official court charge sheets. Psychiatric status was assessed through structured clinical interview (DISC‐IV); IQ through an individually administered IQ‐scale (WASI); EQ using the BarOn EQi:Youth Version (EQi:YV); and EI using the MSCEIT: Youth Version – Research Edition (MSCEIT:YV‐RE). IQ, EQ, and EI levels in the psychiatric and community groups were compared. Psychiatric morbidity between detainee and psychiatric groups were compared. Results. A total of 335 crimes led to the detention of detainees. Eighty‐three percent of detainees had a psychiatric disorder compared to 60% of young people in the psychiatric group. Detainees had 3.1 disorders each compared to 1.4 disorders in the psychiatric group. A total of 63.3% of detainees had an externalizing problem, 37.9% an internalizing problem, and 66.7% a substance dependency or use problem. A total of 21.4% of detainees had an IQ score below 70. The detainee and psychiatric groups had similar deficits in EI and significantly lower EI than the community groups. Conclusions. Serious levels of criminality and psychiatric disorder exist amongst Irish detainees. They have significantly lower IQ than young people attending a psychiatry clinic and both share deficits in the ability to accurately identify emotions, use emotions to guide thought processes and to prioritize thinking and to effectively regulate emotions.     

Developments in juvenile justice during the decade of the 70s: Juvenile detention facilities

A number of important developments in juvenile justice during the decade of the 70s are identified. Data were obtained from a sample of juvenile detention facilities in the late 1960s and again, from the same sample, in the late 1970s. The data obtained included the perceived purpose of detention, information concerning the detainees and personnel, and procedural and program information. The two sets of data were compared to determine whether the developments in the juvenile justice system were reflected in the detention segment of the system.     

Smoke Free? Public Health Policy,Coercive Paternalism,and the Ethics of Long-Game Regulation

Contemporary public health advocacy promotes a ‘fifth wave of public health’: a ‘cultural’ shift wherein the public's health becomes recognized as a common good, to be realized through concerted developments in the institutional, social, and physical environments. With reference to examples from anti-tobacco policy, in this article I critically examine the fifth-wave agenda in England. I explore it as an approach that, in the face of liberal individualism, works through a ‘long-game’ method of progressive social change. Given the political context, and a predominant concern with narrow understandings of legal coercion, I explain how efforts are made to apply what are presented as less ethically contentious framings of regulatory methods, such as are provided by ‘libertarian paternalism’ (‘nudge theory’). I argue that these fail as measures of legitimacy for long-game regulation: the philosophical foundations of public health laws require a greater – and more obviously contestable, but also more ambitious – critical depth.     

新时期看守所“牢头狱霸”治理对策

当前我国处在社会主义初级阶段全面建设小康社会的历史新时期,看守所羁押形势和“牢头狱霸”活动方式和行为特征出现新变化.预防看守所“牢头狱霸”要全面落实《看守所防范和打击牢头狱霸”十条规定》,贯彻直接管理原则,实行监管民警交流轮岗等;打击处理“牢头狱霸”活动要做到打“早”、打“小”,坚持区别对待、宽严相济,实行心理矫治、寓教于管,加强队伍管理,实现标本兼治.     

Terrorist attacks targeting the police: the connection to foreign military presence

Terrorist attacks – suicide attacks in particular – targeting police have increased worldwide over the past decade in both number and relative to other targets. One plausible explanation for this is the presence of a foreign military on a country’s soil, which is theorized to increase terrorism in that country. Terrorist attacks targeting the police may be more likely in these countries because police typically are tasked with assisting the foreign military. The primary research question asks whether there is a relationship between foreign military presence and terrorist attacks on police. This is assessed using a cross-sectional sample of 82 countries, with data drawn from several sources between 1999 and 2008. Because the dependent variables – terrorist attacks targeting the police – are proportions, Tobit and Cragg’s double-hurdle analyses were used. Analyses were confirmed using zero-inflated negative binomial regression models, with the outcomes measured as counts. Foreign military presence significantly increased the proportion of suicide terrorist attacks targeting the police, terrorist attacks using any tactic targeting the police and fatal terrorist attacks targeting the police. Greater economic inequality, involvement in civil war and greater regional terrorism were related to the proportion of attacks targeting police, but each was inconsistent across the outcome measures. To avoid being viewed as an occupying force and, thus, to decrease the proportion and count of terrorist attacks targeting police, administrators and officers alike may wish to reflect on public perception of their image. Future research should expand the dependent variable to include additional target types and a longer time period.     

Prevalence and methods of torture claimed in the Basque Country (Spain) during 1992–1993

The use of torture against selected groups of detainees in Spain has been repeatly denounced. The testimonies of 87 citizens arrested under the ‘anti-terrorist legislation’ in the Basque Country (Spain) during 1992–1993 were collected by using the Rehabilitation and Research Centre for Torture Victims (RCT/IRCT) protocol. All the detainees were kept in solitary confinement with a mean period of 4 (S.D. = 1.1) days. Torture methods were usually a combination of physical, deprivation and coercion techniques with a high presence of sexual and communication techniques. The group arrested by the military corp ‘Guardia Civil’ showed a higher prevalence of different methods of physical torture, hearing torture from others and reduction of visual input as compared with those in the group arrested by the force ‘Policía Nacional’. The results show also a preference of sexual torture on women with a high prevalence of methods such as forced undressing, verbal humiliations and touching. The study could help international experts to develop a fact-finding mission on human rights in the region.     

Inventing Drugs: A Genealogy of a Regulatory Concept

The trade in, and consumption of, illicit drugs is perhaps the archetypal ‘wicked problem’ of our time – complex, globalized, and seemingly intractable – and presents us with one of the very hardest legal and policy challenges of the twenty‐first century. The central concept of a ‘drug’ remains under‐theorized and largely neglected by critical socio‐legal and criminological scholars. Drawing on a range of primary archival material and secondary sources, this article sets out a genealogy of the concept, assembled a little over a century ago out of diverse lines of development. It is argued that the drug label is an invented legal‐regulatory construct closely bound up with the global drug prohibition system. Many contemporary features of the ‘war on drugs’ bear traces of this genealogy, notably how drug law enforcement often contributes to racial and social injustice. To move beyond prohibition, radical law and policy reform may require us to abandon the drug concept entirely.