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Date: November 25, 2024 Mon
Time: 8:25 pm
Time: 8:25 pm
Results for procedural rights
2 results foundAuthor: McLeod, Allegra M. Title: Immigration, Criminalization, and Disobedience Summary: This symposium essay explores two contending visions of immigration justice: one focused on expanding procedural rights for immigrants, and a second associated with a movement of immigrant youth who have come out en masse as "undocumented and unafraid," issuing a fundamental challenge to immigration restrictionism. As immigration enforcement in the United States increasingly relies on criminal prosecution and detention, advocates for reform have increasingly turned to constitutional criminal procedure, seeking greater procedural protections for immigrants. But this essay argues that this focus on enhanced procedural protections is woefully incomplete as a vision of immigration justice. Although a right to counsel, for example, may provide comfort and aid to certain vulnerable individuals, such procedural protections are unlikely to change the quasi-criminal character of immigration enforcement or to address the plight of the millions of people without a path to lawful status. Just as U.S. constitutional criminal procedure failed to ameliorate the harshness of substantive criminal law, more robust immigration procedural protections would likely fail to reorient immigration enforcement in a more humane direction. By contrast, a growing movement of immigrant youth offers a more expansive conception of immigration reform. As these immigrant youth lay claim to a "right to remain," infiltrate immigration detention centers, and crash the border, they have reshaped our political and legal discourse, gesturing towards an alternative vision of immigration justice. Details: Washington, DC: Georgetown University Law Center, 2016. 30p. Source: Internet Resource: Accessed March 17, 2019 at: https://repository.law.miami.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=4461&context=umlr Year: 2016 Country: United States URL: https://scholarship.law.georgetown.edu/facpub/1667/ Shelf Number: 154989 Keywords: Illegal Immigration Immigration Immigration Detention Centers Immigration Enforcement Immigration Justice Immigration Reform Procedural Rights |
Author: Leonaite, Erika Title: Inside Police Custody 2. Suspects' Procedural Rights in Lithuania Summary: Data obtained by police during the first questioning of the suspect is often of vital importance for the case. Thus, it is important to ensure that during the questioning the main procedural rights of suspects - right to interpretation, right to information, right to effective defence - are respected. These procedural rights are enshrined both in European Union directives and in Lithuanian law, regulating criminal procedure. In order to find out how procedural rights operate in day-to-day practice of police investigators, researchers from the Human Rights Monitoring Institute conducted observation-based research. Researchers observed questionings of arrested suspects and conducted qualitative interviews with police investigators and defence lawyers. This research, based on data from real-life questionings, enabled us to identify the main areas of concern, revealing gaps between legal regulation and daily practice of police investigators. At the same time, examples of good practices, applied by some investigators and demonstrating professional attitude towards procedural standards, were observed as well. This research conducted in Lithuania is part of a wider-scale regional project, carried out in eight other EU countries - Austria, Bulgaria, Hungary, Italy, Poland, Slovenia, Romania, and Spain. Details: Vilnius, Lithuania: Human Rights Monitoring Institute (HRMI), 2018. 115p. Source: Internet Resource: Accessed May 4, 2019 at: https://hrmi.lt/wp-content/uploads/2019/03/National_report_Lithuania_2018.pdf Year: 2018 Country: Lithuania URL: https://hrmi.lt/wp-content/uploads/2019/03/National_report_Lithuania_2018.pdf Shelf Number: 155663 Keywords: Accused PersonsCriminal ProcedurePolice CustodyPolice InvestigationsPolice ProceduresProcedural RightsSuspects Rights |