Suspects’ Rights in India
Suspects’ Rights in India

Author: Prejal Shah

Publisher: Taylor & Francis

Published: 2021-09-30

Total Pages: 174

ISBN-13: 1000451801

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This book examines the procedural, cultural, and institutional framework of custodial interrogation in India. It explores theoretical and practical perspectives on custodial interrogation practices in India which have been in urgent need for reform and critiques the systemic failure on the part of the police in India to implement suspects’ rights uniformly. This volume, — Analyses the Indian framework of custodial interrogation to identify its fundamental flaws, and emphasises on the need for having a lawyer present during custodial interrogation; — Demonstrates significant evidence on state of suspects’ rights in India through comparative law methodologies with a focus on common law scholarship and jurisprudence, more particularly England and Wales, and supplemented by vital empirical research through key interviews with related institutional parties; — Discusses emerging, seminal jurisprudence of the European Court of Human Rights on applications of the right to fair trial at the custodial interrogation stage, especially shedding light on modern applications of the right to legal assistance in England and Wales, and radical Strasbourg-inspired reforms in other European jurisdictions; — Highlights the right to legal assistance as one of the viable solutions to break the culture of police lawlessness at this critical stage of the criminal process. An invigorating study, this book is aimed at enriching data and hypothesis for academics, policy makers, civil society organizations, and students working in the area of law and legal studies, police and policing, citizenship, and political science.

"Bound by Brotherhood"

Author: Jayshree Bajoria

Publisher:

Published: 2016

Total Pages:

ISBN-13:

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"The report, "'Bound by Brotherhood': India’s Failure to End Killings in Police Custody," examines police disregard for arrest regulations, custodial deaths from torture, and impunity for those responsible. It draws on in-depth investigations into 17 deaths in custody that occurred between 2009 and 2015, including more than 70 interviews with victims' family members, witnesses, justice experts, and police officials. In each of the 17 cases, the police did not follow proper arrest procedures, making the suspect more vulnerable to abuse"--Publisher's description.

The Truth Machines
The Truth Machines

Author: Jinee Lokaneeta

Publisher: University of Michigan Press

Published: 2020-02-26

Total Pages: 263

ISBN-13: 0472054392

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Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of “truth serum,” Sodium Pentothal) represent a paradigm shift away from physical torture; most state high courts in India have upheld this rationale. The Truth Machines examines the emergence and use of these three scientific techniques to analyze two primary themes. First, the book questions whether existing theoretical frameworks for understanding state power and legal violence are adequate to explain constant innovations of the state. Second, it explores the workings of law, science, and policing in the everyday context to generate a theory of state power and legal violence, challenging the monolithic frameworks about this relationship, based on a study of both state and non-state actors. Jinee Lokaneeta argues that the attempt to replace physical torture with truth machines in India fails because it relies on a confessional paradigm that is contiguous with torture. Her work also provides insights into a police institution that is founded and refounded in its everyday interactions between state and non-state actors. Theorizing a concept of Contingent State, this book demonstrates the disaggregated, and decentered nature of state power and legal violence, creating possible sites of critique and intervention.

Preventive Detention of Terror Suspects
Preventive Detention of Terror Suspects

Author: Diane Webber

Publisher: Routledge

Published: 2016-01-08

Total Pages: 302

ISBN-13: 1317385489

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Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.

Prosecuting Juvenile Piracy Suspects
Prosecuting Juvenile Piracy Suspects

Author: Milena Sterio

Publisher: Routledge

Published: 2017-08-14

Total Pages: 253

ISBN-13: 1317558073

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Duncan Gaswaga, a former judge of the Seychelles Supreme Court who has presided over numerous piracy trials, asked the following question: "What is a judge to do when a bearded piracy suspect facing justice asserts that he is fourteen?" This book addresses this important question by focusing on the treatment of juvenile piracy suspects under international law within national prosecutorial regimes. Beginning with the modern-day Somali piracy model, and exploring the reasons for piracy organizers and financiers to have employed Somali youth as pirates, author Milena Sterio analyzes the relevant international legal framework applicable to the treatment of juvenile criminal suspects, such as international human rights law, international criminal law, including the statutes of several international and ad hoc tribunals, as well as legal issues related to the use of child soldiers, as a parallel to the use of child pirates. This volume examines recent national piracy prosecutions involving juvenile suspects in Germany, Spain, India, Italy, Malaysia, the Seychelles, and the United States, developing a set of recommendations and best practices for all piracy prosecuting nations dealing with juvenile suspects to refer to in developing their national policy toward the treatment of juvenile piracy suspects.

Routledge International Handbook of Investigative Interviewing and Interrogation
Routledge International Handbook of Investigative Interviewing and Interrogation

Author: Dave Walsh

Publisher: Taylor & Francis

Published: 2024-08-09

Total Pages: 543

ISBN-13: 1040095739

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This handbook provides readers with coverage of the various interview and interrogation techniques used across the world with victims, witnesses, and suspected offenders. It includes exclusive coverage on countries rarely, if ever, previously reported upon in the literature to any substantive depth. Bringing together a collection of chapters from over 40 countries, this handbook advises and explains the practices used in crime interviewing and informs the reader of contemporary developments hitherto unreported in any current book on interviewing and interrogation. In doing so, the Routledge International Handbook of Investigative Interviewing and Interrogation showcases global exemplars of evidence-based practice informed by scientific research. Building on recent research, including protocols developed in a variety of countries, this book is particularly timely in the wake of the "Méndez Principles", a set of principles developed by the UN (i) to counter the ill-treatment of suspects during police questioning and (ii) to gather more reliable information. This handbook will be an essential reference text across criminology, criminal justice, policing and investigation studies, and law.

Introduction to Patents and Patent Law in India
Introduction to Patents and Patent Law in India

Author: Siva Prasad Bose

Publisher: BookRix

Published: 2022-02-25

Total Pages: 54

ISBN-13: 3755408503

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Patents are a key component of intellectual property and vital to the process of innovation. They serve multiple uses. One is to reward inventors and motivate them to create inventing for the betterment of society, inculcating a culture of innovation. Another is to protect inventors from getting their ideas stolen and profited from by unscrupulous people. In this book we introduce the laws related to patents and Intellectual property in India, as well as an overview of patenting and filing process. We also discuss some tips on how to make a good patent.