IDEAS home Printed from https://ideas.repec.org/a/gam/jlawss/v5y2016i3p30-d73349.html
   My bibliography  Save this article

Using Risk to Assess the Legal Violence of Mandatory Detention

Author

Listed:
  • Robert Koulish

    (MLAW Programs, University of Maryland, College Park, MD 20742, USA
    Department of Government and Politics, University of Maryland, College Park, MD 20742, USA)

Abstract

Immigration mandatory detention is a particularly harsh example of the structural violence embedded in immigration enforcement. It deprives liberty without bond for immigrants with prior crimes, and assigns many individuals to the harsh conditions associated with unnecessary and even wrongful detention. Mandatory detention has been justified on the grounds that mandatory detainees are a danger to public safety. This article puts to the test this presumption of dangerousness among mandatory detainees, and finds, to the contrary, that immigrants with prior charges or convictions are no more dangerous than any other category of individuals in Immigration and Customs Enforcement (ICE) custody. Using the risk classification assessment (RCA) tool, which the author is the first to obtain through the Freedom of Information Act, the article contributes to the growing criticism of mandatory detention, providing evidence that many of those in mandatory detention should probably have never been detained.

Suggested Citation

  • Robert Koulish, 2016. "Using Risk to Assess the Legal Violence of Mandatory Detention," Laws, MDPI, vol. 5(3), pages 1-20, July.
    • Handle: RePEc:gam:jlawss:v:5:y:2016:i:3:p:30-:d:73349
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2075-471X/5/3/30/pdf
    Download Restriction: no
    File URL: https://www.mdpi.com/2075-471X/5/3/30/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Johan Galtung, 1969. "Violence, Peace, and Peace Research," Journal of Peace Research, Peace Research Institute Oslo, vol. 6(3), pages 167-191, September.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Roslizawati Taib & Mohd Rizal Mohd Yaakop, 2017. "Political Participation: Radical Young People in Malaysia," International Journal of Academic Research in Business and Social Sciences, Human Resource Management Academic Research Society, International Journal of Academic Research in Business and Social Sciences, vol. 7(6), pages 925-939, June.
    2. Holterman, Devin, 2014. "Slow violence, extraction and human rights defence in Tanzania: Notes from the field," Resources Policy, Elsevier, vol. 40(C), pages 59-65.
    3. Parry, Luke & Radel, Claudia & Adamo, Susana B. & Clark, Nigel & Counterman, Miriam & Flores-Yeffal, Nadia & Pons, Diego & Romero-Lankao, Paty & Vargo, Jason, 2019. "The (in)visible health risks of climate change," Social Science & Medicine, Elsevier, vol. 241(C).
    4. Yuri van Hoef & Andrea Oelsner, 2018. "Friendship and Positive Peace: Conceptualising Friendship in Politics and International Relations," Politics and Governance, Cogitatio Press, vol. 6(4), pages 115-124.
    5. Pat Gibbons & Ronan McDermott & Sulagna Maitra & Joost Herman, 2018. "Building on the capacities of crisis‐affected populations: From victims to actors," Development Policy Review, Overseas Development Institute, vol. 36(5), pages 547-560, September.
    6. Ray-Bennett, Nibedita S., 2018. "Disasters, Deaths, and the Sendai Goal One: Lessons from Odisha, India," World Development, Elsevier, vol. 103(C), pages 27-39.
    7. Abdelmohsen A. Nassani & Khalid Zaman & Abdullah Mohammed Aldakhil & Muhammad Moinuddin Qazi Abro, 2017. "War economy and pleasure: assessing the effects of military expenditure on tourism growth," Quality & Quantity: International Journal of Methodology, Springer, vol. 51(4), pages 1733-1754, July.
    8. Kelly, Brendan D., 2005. "Structural violence and schizophrenia," Social Science & Medicine, Elsevier, vol. 61(3), pages 721-730, August.
    9. Gizelis Theodora-Ismene, 2018. "Systematic Study of Gender, Conflict, and Peace," Peace Economics, Peace Science, and Public Policy, De Gruyter, vol. 24(4), pages 1-10, December.
    10. Brandt, Cyril Owen, 2019. "The deployment of internally displaced teachers (DR Congo): A “real governance” approach," International Journal of Educational Development, Elsevier, vol. 66(C), pages 147-154.
    11. Hazel Mawdsley & Duncan Lewis, 2017. "Lean and mean: how NPM facilitates the bullying of UK employees with long-term health conditions," Public Money & Management, Taylor & Francis Journals, vol. 37(5), pages 317-324, July.
    12. de Silva, M.W. Amarasiri & Albert, Steven M. & Jayasekara, J.M.K.B., 2017. "Structural violence and chronic kidney disease of unknown etiology in Sri Lanka," Social Science & Medicine, Elsevier, vol. 178(C), pages 184-195.
    13. Ricardo Real P. Sousa, 2018. "The context of conflict resolution - international relations and the study of peace and conflict," CEsA Working Papers 164, CEsA - Centre for African and Development Studies.
    14. Grace Lee & Bandy X. Lee & Phillip Marotta, 2018. "The importance of considering political contributors to violence in public health research," International Journal of Public Health, Springer;Swiss School of Public Health (SSPH+), vol. 63(8), pages 899-900, November.
    15. Navarrete Guzmán, T., 2019. "Transitional justice in Colombia: competing discourses in a peace agreement context," ISS Working Papers - General Series 645, International Institute of Social Studies of Erasmus University Rotterdam (ISS), The Hague.
    16. Mulimbi, Bethany & Dryden-Peterson, Sarah, 2018. "“There is still peace. There are no wars.”: Prioritizing unity over diversity in Botswana’s social studies policies and practices and the implications for positive peace," International Journal of Educational Development, Elsevier, vol. 61(C), pages 142-154.
    17. Ansorg, Nadine & Basedau, Matthias & Haass, Felix & Strasheim, Julia, 2013. "Mind the Gap: An Annotated Overview of Datasets in the Study of Institutions and Conflict in Divided Societies," GIGA Working Papers 234, GIGA German Institute of Global and Area Studies.
    18. Magnus Lundgren, 2017. "Which type of international organizations can settle civil wars?," The Review of International Organizations, Springer, vol. 12(4), pages 613-641, December.
    19. McConnell, Bonnie B., 2016. "Music and health communication in The Gambia: A social capital approach," Social Science & Medicine, Elsevier, vol. 169(C), pages 132-140.
    20. Cheney, Ann M. & Newkirk, Christine & Rodriguez, Katheryn & Montez, Anselmo, 2018. "Inequality and health among foreign-born latinos in rural borderland communities," Social Science & Medicine, Elsevier, vol. 215(C), pages 115-122.

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jlawss:v:5:y:2016:i:3:p:30-:d:73349. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.