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Imprisonment of the Elderly and Death in Custody: The Right to Review [Kietas viršelis]

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  • Formatas: Hardback, 208 pages, aukštis x plotis: 234x156 mm, weight: 498 g
  • Išleidimo metai: 09-Apr-2018
  • Leidėjas: Routledge
  • ISBN-10: 1138554839
  • ISBN-13: 9781138554832
Kitos knygos pagal šią temą:
Imprisonment of the Elderly and Death in Custody: The Right to ReviewDidesnis paveikslėlis
  • Formatas: Hardback, 208 pages, aukštis x plotis: 234x156 mm, weight: 498 g
  • Išleidimo metai: 09-Apr-2018
  • Leidėjas: Routledge
  • ISBN-10: 1138554839
  • ISBN-13: 9781138554832
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9781138554832.html
Raktažodžiai:

Over the past few decades, there has been a sharp increase in the number of elderly prisoners, and hence a rise in the number of prisoners dying in custody. In this book, Khechumyan questions whether respect for human dignity would justify releasing older and seriously ill prisoners. He also examines the normative justifications which could limit the administration of the imprisonment of the elderly and seriously ill.

Khechumyan argues that factors such as a prisoner’s age and health could alter the balance between the legitimate goals of punishment, rendering the continued imprisonment ‘grossly disproportionate’. To address these issues, Articles 3 and 5 of the European Convention of Human Rights are extensively examined.

This book is a valuable resource for academics, researchers and policy-makers working in the fields of Criminal Justice, Human Rights Law, and Gerontology.

Tables of Cases
x
European Court of Human Rights x
European Commission on Human Rights xiii
England, and Wales xiv
Other Courts xvii
Acknowledgements xviii
Foreword xix
Introduction 1(22)
Elderly prisoners
2(4)
Management of elderly prisoners
6(3)
Prisons' capacity to ensure provision of care meeting needs of elderly prisoners
9(2)
Dying in prison and compassionate release
11(6)
Conclusion
17(6)
1 Human rights limits on continued imprisonment
23(32)
Restricting the method and manner of the administration of imprisonment
23(4)
The European approach
24(2)
The approach of the US Supreme Court
26(1)
Outlawing excessive prison sentences
27(11)
The approach of the US
30(3)
The European approach
33(5)
Life imprisonment and human dignity
38(15)
Developments in Europe
39(9)
Due process guarantees derived from ECtHR case law on reducibility of whole life sentences
48(2)
Developments in the US
50(3)
Conclusion
53(2)
2 Extending the right of review to elderly and seriously ill prisoners
55(57)
Hope of regaining freedom
58(2)
Rehabilitation
60(2)
Measurement of punishment severity: objectivism, subjectivism and a hybrid approach
62(7)
Objectivism
63(1)
Subjectivism
64(2)
A hybrid approach
66(3)
Impact of old age and/or serious illness on severity of punishment
69(11)
Impact of old age: the approach of the ECtHR
71(2)
Impact of a serious medical condition: the approach of the ECtHR
73(1)
The requisite medical assistance
74(2)
Conditions of detention of seriously ill detainees
76(2)
The issue of overall compatibility of medical conditions with deprivation of liberty
78(2)
The advisability of continuing deprivation of liberty in view of the state of health of the applicant
80(28)
The implications of the ECtHR's approach
83(4)
The approach of the English courts
87(1)
Serious medical condition as ground for sentence reduction
87(8)
Old age and infirmity as grounds for sentence reduction
95(3)
Old age as a statutory ground for sentence reduction for
98(4)
The relevance of old age and fatal illness as grounds for retrospective adjustment of sentences at the stage of administration
102(4)
The Relevance of a serious medical condition as a ground for retrospective adjustment of a sentence at the stage of administration
106(2)
Conclusion
108(4)
3 Substantive and procedural elements of review of continued imprisonment of elderly and seriously ill prisoners
112(26)
The appropriate time for review of sentences on grounds of old age and serious illness
112(2)
The substance of review of continued deprivation of liberty of elderly and seriously ill prisoners
114(1)
Procedural safeguards that apply to the review of continued deprivation of liberty of elderly and seriously ill prisoners
115(20)
Why did the ECtHR attribute procedural requirements to Article 3 itself?
120(3)
Applicability of Article 5(4) ECHR to revocation of licence of early released determinate prisoners
123(3)
Applicability of Article 5(4) to the early release of determinate prisoners
126(9)
Conclusion
135(3)
4 Compliance with substantive and procedural requirements of the right to review under Article 3 ECHR: the case of the elderly and seriously ill Prisoners
138(38)
Compatibility of executive powers with requirement of review under Article 3
138(6)
Compassionate release: law, policy and practice
144(26)
The policy of compassionate release: substantive and procedural criteria
145(3)
The procedure of compassionate release
148(2)
The practice of compassionate release
150(3)
The obligation to interpret the legislation in line with ECHR rights
153(5)
The scope of ludicial review before the Human Rights Act 1998
158(3)
The scope of judicial review after adoption of the Human Rights Act 1998
161(2)
Judicial review of Article 3 claims concerning continued imprisonment of prisoners with serious medical conditions
163(7)
Assessing the power of compassionate release in conjunction with judicial review proceedings in light of Article 5(4) ECHR
170(4)
Conclusion
174(2)
Conclusion 176(7)
Index 183
Aleksandr Khechumyan is a researcher at the Max Planck Institute for Foreign and International Criminal Law, Germany. He holds an LL.M. degree in International Human Rights Law from the University of Essex, UK, and Dr.jur. degree from the University of Freiburg, Germany. Khechumyan has extensive practical experience working in both governmental and non-governmental sectors. He has published articles in such journals as European Human Rights Law Review, European Journal on Criminal Policy and Research, Policing: An International Journal of Police Strategies and Management, and International Journal of Comparative and Applied Criminal Justice.