¶ … Legality of Prison Riots
Once a riot is quelled in the situation that is described in this particular assignment, there are a couple of different charges that the state can bring against the prisoners. The most salient of these charges is hostage taking. It is unlawful for individuals to take another as a hostage, in much the same way that it is unlawful for those individuals to take a group of individuals as hostages. Thus, the inmates that participate in taking the hostage and in maintaining the hostage are certainly liable to be charged with hostage taking. It is critical to note, however, that the individuals who participate in the riot and who do not directly partake in the actions of taking or maintaining the hostages cannot be charged for this particular crime.
Still, there are other charges that can be brought against these inmates -- whether or not they actively partook in holding some of the guards hostage. Perhaps the most eminent of these charges is assault. Additionally, these inmates can also be charged with battery if they do not use a weapon...
However, if there is any form of weapon involved (even ones as crude as rocks and screwdrivers), those who participate in such a riot can also be charged with assault. Another charge that inmates might be assigned after the riot is over is unlawful assembly. In prisons, there are certain times and places where inmates are designated to assemble. Some of these times and places include within a cafeteria for lunch time, or out on the yard for recreational activities. However, whether or not the assembly is deemed lawful pertains to a number of different factors. If the guards instruct the prisoners to leave the yard, for instance, their refusal to do so (and subsequent rioting in there) is grounds for them to get charged with unlawful assembly.
There are a couple of things the government has to do in order to prove that an inmate should be convicted of hostage taking. Firstly, the government must prove that the inmate did in fact take a hostage. Doing so requires proof that the inmate did indeed take a hostage. Doing so requires detaining an individual under threat or coercion against his or her will. Moreover, the purpose of that detainment typically has to be in order to negotiate or…
Civil Liberties, Habeas Corpus, GWOT The legal right known as "habeas corpus" is what protects a citizen from being suddenly seized and arrested for no reason, and locked up without trial. It is considered to be a foundation of the modern legal system, and without it there is no guarantee that arrest, imprisonment, or even capital punishment may not be practiced essentially on a whim. The right is officially enshrined in
(MACV Dir 381-41) This document is one of the first confidential memorandums associated with the Phoenix Program, which details in 1967 the mostly U.S. involvement in counterinsurgency intelligence and activities and discusses the future training and development of South Vietnam forces to serve the same function, that had been supported by the U.S. In civilian (mostly CIA) and military roles. The document stresses that the U.S. role is to
As Metternich was forced to resign, the German princes hastened to make peace in order to avoid political experiments like the ones that were developed by the republicans and socialists in France. They introduced, by appointing liberal ministers, civic and political reforms, guaranteeing the powers of the legislature and citizen rights. However, the most important step was the attempt to achieve political unification, by founding a National Assembly that would
Women and the Home Front in Western North Carolina and Eastern Tennessee during the Civil War This paper examines the living conditions and attitudes that shaped the lives of the women in western North Carolina and eastern Tennessee during and after the American Civil War. The thesis statement should deal with the breakdown of long standing ties between the people of the mountains as they chose to fight for the
In many ways, Russia is still recovering from it, trying to deal with the fact that only a few decades ago, it inflicted on itself one of the worst holocausts in human memory" (Hochschild, 1993). Therefore, the purges were used on the one hand to discourage the people and the elites in particular from establishing a dissident opposition or a negative pole of power that could have countered the
Hostage Negotiations Following the deadly aftermath/fallout from the Attica prison riot in New York State in 1971 -- and from the bloody terrorist attack during the 1972 Olympic Games in Germany -- there have been attempts to change the way in which authorities go about crisis negotiation. This paper discusses the responses that authorities have had to these crisis situations and outlines the steps that have been taken to improve the