Schactman V. Dulles Abdelilah El Rhazi Law News

Schactman v. Dulles F.2d ; 96 U.S. App. Schwartz, Bernard, The Burger Court: counter-revolution or confirmation?, Oxford University Press US, Schactman v Dulles, "Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal liberty. Schactman v. Dulles, F.2d ; 96 U.S. App. The ambassador states that "​most atrocities are committed internally and most internal conflicts are between. Utah Supreme Court Cases, Dyett v Turner, () P2d , ; State v Phillips, () P Schactman v. Dulles 96 App DC , F2d , at It is recognized by the courts as a natural right.” Schactman v. Dulles F.2d ; 96 U.S. App. D.C. () at “The right to travel is a.

Schactman v. Dulles F.2d ; 96 U.S. App. The ambassador states that "​most atrocities are committed internally and most internal conflicts are between. Utah Supreme Court Cases, Dyett v Turner, () P2d , ; State v Phillips, () P Schactman v. Dulles 96 App DC , F2d , at Chicago Motor Coach v. Schactman v. Dulles F.2d ; 96 U.S. App. Everyone has the right to the protection of the law against such interference or.

The federal government has set up a data collection and storage network that keeps a wide variety of data on tens of thousands of Americans who have not been accused of committing a crime.

Reports of suspicious behavior noticed by local law enforcement or by private citizens are forwarded to the program, and profiles are constructed of the persons under suspicion.

Labor rights in the United States have been linked to basic constitutional rights. During the 19th and 20th centuries, safer conditions and workers' rights were gradually mandated by law, but this trend has reversed to some extent towards pro-business policies since the s.

In , the National Labor Relations Act recognized and protected "the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes and other forms of concerted activity in support of their demands.

In , As of [update] , U. As of [update] , the United States' maternity leave policy is distinct from other industrialized countries for its relative scarcity of benefits.

The length of protected maternity leave ranks 20th out of the 21 high-income countries. Moreover, most foreign wealthy nations provide some form of wage compensation for the leave of absence; the United States is the only one of these 21 countries that does not offer such paid leave.

In , the United States received a poor grade of "4" on the ITUC's Global Rights Index, which ranks the worst places in the world for workers' rights, with "1" being the best and "5" the worst.

In , the United States was considered a "medium risk" country for child labor according to Maplecroft 's Child Labor Index.

In , the United States and Papua New Guinea were reported to be the only countries in the world that did not guarantee paid maternal leave by law.

The Universal Declaration of Human Rights , adopted by the United Nations in , states that "everyone has the right to a standard of living adequate for the health and well-being of oneself and one's family, including food, clothing, housing, and medical care.

Unlike most other industrialized nations, the United States does not offer most of its citizens subsidized health care.

The United States Medicaid program provides subsidized coverage to some categories of individuals and families with low incomes and resources, including children, pregnant women, and very low-income people with disabilities higher-earning people with disabilities do not qualify for Medicaid, although they do qualify for Medicare.

However, according to Medicaid's own documents, "the Medicaid program does not provide health care services, even for very poor people, unless they are in one of the designated eligibility groups.

Nonetheless, some states offer subsidized health insurance to broader populations. Coverage is subsidized for persons age 65 and over, or who meet other special criteria through Medicare.

Every person with a permanent disability, both young and old, is inherently entitled to Medicare health benefits — a fact not all disabled US citizens are aware of.

Therefore, even the Medicare program is not truly national health insurance or universal health care the way most of the rest of the industrialized world understands it.

The Emergency Medical Treatment and Active Labor Act of , an unfunded mandate , mandates that no person may ever be denied emergency services regardless of ability to pay, citizenship, or immigration status.

The Fourth , Fifth , Sixth , and Eighth amendments to the United States Constitution each part of what is known as the Bill of Rights , as well as the Fourteenth amendment , ensure that criminal defendants have significant procedural rights.

Capital punishment is a legal penalty in the United States , currently used by 28 states, the federal government, and the military.

Among the world's most economically and politically powerful countries, it is one of the few who utilize capital punishment.

In , for instance, it was the only country in the G8 that carried out executions, and was among only three countries in the G20 along with China and Saudi Arabia that carried out executions.

Of the 56 members states of the Organization for Security and Cooperation in Europe , the United States and Belarus were the only two that carried out executions in The vast majority of executions are carried out by state governments, [] largely as a result of the political structure of the United States, which is a federal republic in which most crimes are prosecuted by state governments rather than the federal government.

The death penalty has a complex legal history. While modern critics have challenged capital punishment on grounds that it violates the Eighth Amendment's ban on the use of "cruel and unusual punishment", [] the United States Supreme Court has held that it does not.

However, the death penalty was temporarily halted by the Supreme Court on eight amendment grounds from to Dulles that the eight amendment "must draw its meaning from the evolving standards of decency".

Georgia U. Anderson 64 Cal. However, the death penalty was ultimately reinstated nationally in after the US Supreme Court rulings Gregg v.

Georgia , U. Texas , U. Florida , U. Simmons prohibiting the execution of people who committed their crimes when they were under the age of 18 [] between and , Amnesty International recorded 19 executions in the United States for crime committed by a juvenile [].

Furthermore, it has been argued that the United States may be in violation of international law in its use of the death penalty. In , the UN special rapporteur recommended to a committee of the UN General Assembly that the United States be found to be in violation of Article 6 the International Covenant on Civil and Political Rights in regards to the death penalty, and called for an immediate capital punishment moratorium.

Capital punishment is controversial. Death penalty opponents consider it "inhumane", [] criticize it for its irreversibility, [] and assert that it is ineffective as a deterrent against crime, [] pointing to several studies which show it has little deterring effect on crime [] though this point is controversial as studies have conflicted in their conclusions on the effectiveness of the death penalty as a deterrant [].

Human rights organizations have been particularly critical of it, with Amnesty International , for example, stating that "the death penalty is the ultimate, irreversible denial of human rights.

Some opponents criticize the over-representation of blacks on death row as evidence of the unequal racial application of the death penalty.

Kemp , it was alleged the capital sentencing process was administered in a racially discriminatory manner in violation of the Equal Protection Clause of the Fourteenth Amendment.

In , Amnesty International reported those who kill whites are more likely to be executed than those who kill blacks, citing that of the people executed since 80 percent were put to death for killing whites and 13 percent were executed for killing blacks, even though blacks and whites are murdered in almost equal numbers.

The United Nations estimates there are about 80, prisoners in solitary confinement in the U. Human Rights Watch has twice said that there are human right issues created by the current sex offender registry laws, and that they believe that what they call the burden of being publicly listed as a sex offender , combined with what they call "onerous restrictions placed on former offenders and their family members" are serious human rights issues.

They have criticized what they call over-breadth of the registration requirement which tends to treat all offenders the same regardless of the nature of the offense and without accounting the risk of future re-offending, and the application of such laws to juvenile offenders, consensual teenage sex, prostitution and exposing one self as prank.

Both organizations have been successfully challenging current laws in courts. Those two countries have also been criticized for these actions.

International and domestic human rights groups, civil rights organizations, and social critics have criticized The United States for violating fundamental human rights through the use of disproportionately heavy penalties compared to many other countries, overly long prison sentences, over-reliance on police control, excessive control of individual behavior, and societal control of disadvantaged groups through a harsh police and criminal justice system.

The United States has been criticized for its large prison population , [] with more than 2. Other non-violent offenses which carry extremely long prison sentences in the United States include fraud and other acts of corruption, offenses relating to child pornography , and contempt of court.

The United States also has a high rate of youth imprisonment, with many held in the same prisons as adults.

The length of prison sentences in the United States is widely criticized in other countries and is believed to be the biggest contributor to the country's large prison population.

The length of the average prison sentences in the United States tends to exceed those in other developed countries.

Mandatory minimum sentences and three-strikes laws are probably the largest contributors to the country's frequency of life imprisonment.

This is seen as a huge contributor to prison overcrowding , especially in California, Arizona, and Texas. This goes hand-in-hand with the US immigration policies, which have also been criticized by human rights groups.

Tolerance of serious sexual abuse and rape in United States prisons is also an area of concern to human rights watchers. Human Rights Watch , for instance, raised concerns with prisoner rape and medical care for inmates.

The United States has also been widely criticized for its attitude towards parole and incarceration alternatives.

There is no parole in the federal prison system, which has drawn international outrage from human rights groups and is believed to be a major contributor to prison overcrowding.

In addition, 16 states have no parole in their prison systems. Parole is rarely granted where it is allowed, and the United States is the only country that currently has juveniles serving life sentences without parole.

The United States has also been heavily criticized for having few or no alternatives to incarceration. Probation , fines, and community service are extremely rarely issued instead of prison time.

In a report, Amnesty International said it had "documented patterns of ill-treatment across the U. Justice Department for prosecution by investigative agencies were declined.

The officer was fired and faced the possibility of criminal charges. On June 2, , George Floyd 's official post-mortem report declared the cause of death as asphyxia lack of oxygen due to a compression on his neck and back.

It also found that the death was a homicide, a statement from the family's legal team said. On June 23, , a report from the University of Chicago Law School claimed that law enforcement policies in the police departments of 20 largest cities in the United States failed to meet even basic standards under international human rights guidelines.

The use of strip searches and cavity searches by law enforcement agencies and in the prison system has raised human rights concerns. The practice of taking an arrested person on a perp walk , often handcuffed, through a public place at some point after the arrest, creating an opportunity for the media to take photographs and video of the event has raised civil and human rights concerns.

Human rights organizations , civil rights groups, academics, journalists, and other critics have argued that the US justice system exhibits racial biases that harm minority groups, particularly African Americans.

African Americans are more likely than white Americans to be arrested; once arrested, they are more likely to be convicted; and once convicted, they are more likely to experience lengthy prison sentences.

The cause of this is disputed. There is a widespread belief among the American public that racial discrimination by the police is a persistent problem, [] and many academics and journalists assert that systemic racism , as well as a number of factors like concentrated poverty and higher rates of substandard housing which has also led to greater rates of lead poisoning among African Americans that they argue arise out of past racial segregation or other forms of historical oppression, [] contribute to the racial disparities.

There have been a number of criticisms over certain legal procedures. The National Association of Criminal Defense Lawyers and Human Rights Watch have, for instance, argued that there exists a " trial penalty "—a penalty for electing to go to trial that arises from the significant discrepancy between the punishment a defendant would receive by waiving the right to trial and accepting a plea bargain and the punishment they might receive at trial—which they argue abridges the right to trial guaranteed by the Sixth Amendment to the United States Constitution.

With regards to the procedures of police departments, there has been criticism over hiring practices. Despite safeguards in place around recruitment, some police departments have hired officers who may have histories of poor performance or misconduct in other departments, an issue known as hiring "gypsy cops".

International and U. Certain practices of the United States military and Central Intelligence Agency have been widely condemned domestically and internationally as torture.

According to a January Human Rights First report, there were 45 suspected or confirmed homicides while in U. In , photos showing humiliation and abuse of prisoners were leaked from Abu Ghraib prison , causing a political and media scandal in the US.

Forced humiliation of the detainees included, but was not limited to: forced nudity; rape; human piling of nude detainees; masturbation; eating food out of toilets; crawling on hands and knees while American soldiers sat on their backs, sometimes requiring them to bark like dogs; and hooking up electrical wires to fingers, toes, and penises.

In addition to the acts of humiliation, there were more violent claims, such as American soldiers sodomizing detainees including an event involving an underage boy , an incident in which a phosphoric light was broken and the chemicals poured on a detainee, repeated beatings, and threats of death.

The harshest sentence was handed out to Charles Graner , who received a year sentence to be served in a military prison and a demotion to private; the other offenders received lesser sentences.

The [Bush] administration effectively sought to re-write the Geneva Conventions of to eviscerate many of their most important protections.

These include the rights of all detainees in an armed conflict to be free from humiliating and degrading treatment, as well as from torture and other forms of coercive interrogation Concern for the basic rights of persons taken into custody in Afghanistan and Iraq did not factor into the Bush administration's agenda.

The administration largely dismissed expressions of concern for their treatment, from both within the government and without. The June 21, , issue of Newsweek stated that the Bybee memo , a legal memorandum drafted by former OLC lawyer John Yoo that described what sort of interrogation tactics against suspected terrorists or terrorist affiliates the Bush administration would consider legal, was " Bush's chief counsel, Alberto Gonzales , along with Defense Department general counsel William Haynes and David Addington , Vice President Dick Cheney 's counsel, who discussed specific interrogation techniques," citing "a source familiar with the discussions.

In November , ABC News reported that former CIA agents claimed that the CIA engaged in a modern form of waterboarding, along with five other " enhanced interrogation techniques ", against suspected members of al Qaeda.

UN High Commissioner for Human Rights , Louise Arbour , stated on the subject of waterboarding "I would have no problems with describing this practice as falling under the prohibition of torture," and that violators of the UN Convention Against Torture should be prosecuted under the principle of universal jurisdiction.

It's a clear-cut case: Waterboarding can without any reservation be labeled as torture. First, when water is forced into your lungs in this fashion, in addition to the pain you are likely to experience an immediate and extreme fear of death.

You may even suffer a heart attack from the stress or damage to the lungs and brain from inhalation of water and oxygen deprivation.

In addition the CIA's waterboarding clearly fulfills the three additional definition criteria stated in the Convention for a deed to be labeled torture, since it is 1 done intentionally, 2 for a specific purpose and 3 by a representative of a state — in this case the US.

Both Human Rights Watch and Amnesty International have condemned waterboarding as a form of torture, the latter group demanding that former president George W.

Bush be prosecuted. Michael D. Maples , the director of the Defense Intelligence Agency , concurred by stating, in a hearing before the Senate Armed Services Committee, that he believes waterboarding violates Common Article 3 of the Geneva Conventions.

The CIA director testified that waterboarding has not been used since In April , the Obama administration released four memos in which government lawyers from the Bush administration approved tough interrogation methods used against 28 terror suspects.

The rough tactics range from waterboarding simulated drowning to keeping suspects naked and denying them solid food.

These memos were accompanied by the Justice Department's release of four Bush-era legal opinions covering in graphic and extensive detail the interrogation of 14 high-value terror detainees using harsh techniques beyond waterboarding.

These additional techniques include keeping detainees in a painful standing position for long periods Used often, once for hours , [] using a plastic neck collar to slam detainees into walls, keeping the detainee's cell cold for long periods, beating and kicking the detainee, insects placed in a confinement box the suspect had a fear of insects , sleep-deprivation, prolonged shackling, and threats to a detainee's family.

One of the memos also authorized a method for combining multiple techniques. Details from the memos also included the number of times that techniques such as waterboarding were used.

A footnote said that one detainee was waterboarded 83 times in one month, while another was waterboarded times in a month. Physicians for Human Rights has accused the Bush administration of conducting illegal human experiments and unethical medical research during interrogations of suspected terrorists.

The detention center has been the source of various controversies regarding the legality of the center and the treatment of detainees.

Of these, many have been released without charge. The current government of Cuba regards the U. According to Amnesty International:.

It has become synonymous with the United States executive's pursuit of unfettered power, and has become firmly associated with the systematic denial of human dignity and resort to cruel, inhuman or degrading treatment that has marked the U.

The purported legal status of " unlawful combatants " in those nations currently holding detainees under that name has been the subject of criticism by other nations and international human rights institutions including Human Rights Watch and the International Committee of the Red Cross.

Supreme Court ruled in Hamdan v. Rumsfeld on June 29, , that they were entitled to the minimal protections listed under Common Article 3 of the Geneva Conventions.

In a process known as extraordinary rendition , foreign nationals have been captured and abducted outside of the United States and transferred to secret US-administered detention facilities, sometimes being held incommunicado for months or years.

According to The New Yorker , "The most common destinations for rendered suspects are Egypt , Morocco , Syria , and Jordan , all of which have been cited for human-rights violations by the State Department , and are known to torture suspects.

The Bush Administration identified him as an unlawful combatant and denied him access to an attorney or the court system, despite his Fifth Amendment right to due process.

In Hamdi's father filed a habeas corpus petition, the Judge ruled in Hamdi's favor and required he be allowed a public defender; however, on appeal the decision was reversed.

In , in the case of Hamdi v. Rumsfeld the U. Supreme court reversed the dismissal of a habeas corpus petition and ruled detainees who are U. In December , Khalid El-Masri , a German citizen, was apprehended by Macedonian authorities when traveling to Skopje because his name was similar to Khalid al-Masri , an alleged mentor to the al-Qaeda Hamburg cell.

After being held in a motel in Macedonia for over three weeks he was transferred to the CIA and extradited to Afghanistan. While held in Afghanistan, El-Masri claims he was sodomized, beaten, and repeatedly interrogated about alleged terrorist ties.

El-Masri was released at night on a desolate road in Albania , without apology or funds to return home. He was intercepted by Albanian guards, who believed he was a terrorist due to his haggard and unkept appearance.

He was subsequently reunited with his wife who had returned to her family in Lebanon with their children because she thought her husband had abandoned them.

Using isotope analysis , scientists at the Bavarian archive for geology in Munich analyzed his hair and verified that he was malnourished during his disappearance.

In , U. President Bush signed an Executive order banning the use of torture in the CIA 's interrogation program.

President Bush republican administration "waterboarding" tortured opponents of Muammar Gaddafi during interrogations, then transferred them to mistreatment in Libya.

According to Canadian historian Michael Ignatieff , during and after the Cold War , the United States placed greater emphasis than other nations on human rights as part of its foreign policy, awarded foreign aid to facilitate human rights progress, and annually assessed the human rights records of other national governments.

Record" in compliance with a law that requires the Department to report on actions taken by the U. Government to encourage respect for human rights.

Ambassadors and human rights and democracy non-governmental organizations. The "Human Rights and Democracy Achievement Award" recognizes the exceptional achievement of officers of foreign affairs agencies posted abroad.

Under legislation by congress, the United States declared that countries utilizing child soldiers may no longer be eligible for US military assistance, in an attempt to end this practice.

Among these is the rejection of sections of the treaty that prohibit capital punishment. As a reservation that is "incompatible with the object and purpose" of a treaty is void as a matter of international law, Vienna Convention on the Law of Treaties, art.

At any rate, the United States is but a signatory in name only. Nations that have accepted the Rome Statute can defer to the jurisdiction of the ICC or must surrender their jurisdiction when ordered.

The US rejected the Rome Statute after its attempts to include the nation of origin as a party in international proceedings failed, and after certain requests were not met, including recognition of gender issues, "rigorous" qualifications for judges, viable definitions of crimes, protection of national security information that might be sought by the court, and jurisdiction of the UN Security Council to halt court proceedings in special cases.

Judge Richard Goldstone , the first chief prosecutor at The Hague war crimes tribunal on the former Yugoslavia , echoed these sentiments saying:.

I think it is a very backwards step. It is unprecedented which I think to an extent smacks of pettiness in the sense that it is not going to affect in any way the establishment of the international criminal court The US have really isolated themselves and are putting themselves into bed with the likes of China, the Yemen and other undemocratic countries.

While the US has maintained that it will "bring to justice those who commit genocide, crimes against humanity and war crimes," even though the U.

The ambassador states that "most atrocities are committed internally and most internal conflicts are between warring parties of the same nationality, the worst offenders of international humanitarian law can choose never to join the treaty and be fully insulated from its reach absent a Security Council referral.

Yet multinational peacekeeping forces operating in a country that has joined the treaty can be exposed to the court's jurisdiction even if the country of the individual peacekeeper has not joined the treaty.

Where the signature is subject to ratification, acceptance or approval, the signature does not establish the consent to be bound.

However, it is a means of authentication and expresses the willingness of the signatory state to continue the treaty-making process.

The signature qualifies the signatory state to proceed to ratification, acceptance or approval. It also creates an obligation to refrain, in good faith, from acts that would defeat the object and the purpose of the treaty.

The US has not ratified any of the other regional human rights treaties of the Organization of American States , [] which include:. Studies have found that the New York Times coverage of worldwide human rights violations is seriously biased, predominantly focusing on the human rights violations in nations where there is clear U.

When countries like the U. The US score declined to 8 in , , and In and , the United States is classified as a "Flawed Democracy" by Democracy Index and received a score of 8.

According to the annual Worldwide Press Freedom Index published by Reporters Without Borders , due to wartime restrictions the United States was ranked 45th from the top in out of According to the annual Corruption Perceptions Index , which was published by Transparency International , the United States was ranked 22nd from the top least corrupt in out of According to the annual Privacy International index of , the United States was ranked an "endemic surveillance society", scoring only 1.

According to the annual Democracy Matrix, which is published by the University of Würzburg , the US was a "working democracy" in , which is the highest category in that index, although it is the third-lowest ranking country in that category 36th overall.

According to the Gallup International Millennium Survey, the United States ranked 23rd in citizens' perception of human rights observance when its citizens were asked, "In general, do you think that human rights are being fully respected, partially respected or are they not being respected at all in your country?

State Department had previously asserted had lost its credibility by its prior stances [] and lack of safeguards against severe human rights violators taking a seat.

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Main article: Solitary confinement in the United States. Main article: Sex offender registries in the United States. Main article: Police brutality in the United States.

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Extraordinary renditions allegedly have been carried out from these countries. Detainees have allegedly been transported through these countries.

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March 1, Retrieved June 3, Dulles , 96 App DC , As hard as it is for those in law enforcement to believe, there is no room for speculation in these court decisions.

The American citizen does indeed have the inalienable right to use the roadways unrestricted in any manner as long as they are not damaging or violating property or rights of others.

Government, in requiring the people to file for drivers license, vehicle registrations, mandatory insurance, and demanding they stop for vehicle inspections, roadblocks, etc.

Is this a new legal interpretation on this subject? Apparently not. Federal Law Research Center are presently involved in studies in several areas involving questions on constitutional law.

One of the many areas under review is that of the citizen's right to travel. A spokesman stated in an interview:. This means that the beliefs and opinions of our state legislators, the courts, and those of us involved in the law enforcement profession have acted upon for years have been in error.

Researchers armed with actual facts state that U. To restrict in any fashion the movement of the individual American, in free exercise of the right to travel upon the roadways excluding commerce, which the state legislatures are correct in regulating , is a serious breach of those freedoms secured by the U.

Constitution, as well as most state constitutions. Our system of law dictates that there is only one way to remove a right belonging to the people.

That is by a person knowingly waiving a particular right. Some of the confusion in our present system has arisen because many millions of people have waived their right to travel unrestricted, and opted into the jurisdiction of the state.

Those who have knowingly given up these rights are legally regulated by state law, and must obtain permits, registrations, insurance, etc.

Every police officer should keep the following U. Reprinted from a special edition of "Aid and Abet" bulletin 11, P.

Box , Phoenix, AZ. It is important to be aware of a different point of view about traffic since a near police state exists on America's highways today.

Driving brief and memorandum of law: Template can be used to challenge your state's driving laws.

Schactman V. Dulles human rights usa

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Schactman V. Dulles -

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Schactman V. Dulles Video

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Schactman V. Dulles Video

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Schactman V. Dulles -

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