The Prison Justice and the concept of freedom behind bars
The province of prison justice, the conceptualization of freedom behind bars and the role of judicial power as constitutional sentinel in a prison setting, are of the gravest moment in…
The jurisprudence of statutory construction
The semantic technique of updating the living sense of dated legislation is, perfectly legitimated, especially when, in a developing country like ours, the corpus juris is, in some measure a…
Hands-off Doctrine in Prison Setting
If simply put, handoff doctrine means that the courts shall not interfere in the work of executive, this doctrine developed in America. In India, this came for consideration in Sunil…
Punitive Segregation in American Criminal Justice System
The emphasis on limited periods and hearing before punishment have been built into the procedure for punishment of solitary confinement. This is important when we consider whether any form of…
Techniques of Torture to Prisoners
International trends on techniques of torture collected in the book article entitled “Minds behind bars” quote, “The technology of torture all over the world is growing ever more sophisticated-new devices…
The principle of access of law
Democratic legality stands stultified if the Corpus Juris is not within the actual ken or reasonable reach of the citizen; for it is a travesty of the rule of law…
Application of American doctrine due process of law on Indian prison system
Subjecting a prisoner to the demonstrated risk of the loss of his sanity as punishment for any offence in prison is plainly cruel and unusual punishment as judged by present…
Literary and Political Genius on Solitary Confinement
Charles Dickens That compassionate novelist, Charles Dickens, in his ‘American Notes and Pictures from Italy’ describes the congealing cruelty of ‘solitary confinement’ in a Pennsylvania Penitentiary (p. 99): “I am…
Philosophy of Rehabilitation of the Prisoners
Basic prison decency is an aspect of criminal justice. And the judiciary has a constituency of which prisoners, ordered in by court sentence, are a numerous part. This vicarious responsibility…
When a sentence of death become final
A convict is ‘under sentence of death when, and only when the capital penalty inexorably operates by the automatic process of the law without any slip between the lip and…