Is abuse during custodial interrogation grounds for suppression? I assume that a custodial interrogation that involved the use of "torture" would be suppressed by any U.S. court. But I can't find a law that clearly defines custodial practices that would constitute torture, beyond the "Torture Act." In researching this I have found frequent references to "cruel, inhumane, or degrading treatment." Is there precedent for suppression of interrogation conducted under conditions in which a detainee has been subject to "cruel, inhumane, or degrading treatment?" One condition that is enumerated, at least by the DoD, is hypothermia. Another I imagine to be more common would be sleep deprivation, if for no other reason than that it impairs an individual's ability to assert one's Miranda rights.
Yes. 18 USC 3501 says that a confession is admissible if it is voluntary. If it was given during an abusive interrogation, that would generally show that it wasn't voluntary. There is some analysis at https://www.legalmatch.com/law-library/article/voluntary-confessions.html and https://www.legalmatch.com/law-library/article/compelled-self-incrimination.html. Any amount of violence used during the interrogation would generally make the confession inadmissible, whether or not it rose to the level of torture. Indeed, even if no actual violence is used, but only threats of violence, that would be enough to make the confession inadmissible, according to that article.
would this be illegal in the U.S.A.? This would almost certainly fail under the US Constitutions 8th Amendment as being a &quot;cruel and unusual punishment&quot;: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted While the inmate has been sentenced to execution, they are still afforded a lot of protection and are entitled to a stay of execution at any point (which is why there is typically an open telephone line to the state governor etc right up to the point at which the execution starts). Being deliberately put in harms way to catch a killer just because they have been sentenced to execution would be both a cruel and an unusual punishment.
That statute, which was struck down by the Supreme Court in US v. Eichman, 496 U.S. 310, does not define desecration. Case law on point is not forthcoming since there is no enforceable law on the topic and as long as the First Amendment holds, we can't test laws prohibiting flag desecration. The general meaning of the word is to treat disrespectfully, irreverently, or profanely, and that clearly is not the case in the present usage. A different statute yet to be written might outlaw "any modifications of the flag" (and would suffer the same fate as 18 USC 700), which could be technically violated in the application of a thin blue line to a flag.
It is not entrapment because entrapment must be done by officers of the State (police usually). A member of the public inducing another to commit a crime is not entrapment and not a defense to having committed it. Entrapment is a "thing" in Ireland as it is in all common law jurisdictions, however, the specific limits on what police can and cannot do vary by jurisdiction. Police posing as underage children to catch pedophiles is legal throughout Australia (i.e., not entrapment). Police are more restricted in Canada and the USA but I believe that online "trawling" by police is legal in those jurisdictions too, however, they must remain more "passive" than Australian police. Yes, there is a crime being committed, the crime of attempting to engage in underage sex. It doesn't matter that the actual crime attempted is impossible to commit because the "victim" is not actually underage. Evidence is evidence – it doesn't matter who collects it. However, amateurs in the handling of evidence are more likely to botch it up in a way that would allow the defense to have it ruled inadmissible than professionals (although even they can botch it up).
The purposes of criminal justice include (this list is based on the Sentencing Act 1991 in Victoria): Deterrence Rehabilitation of offenders Denunciation ('this behaviour is wrong') (Retribution can also be a purpose.) What the question is talking about is rehabilitation. As discussed in the book 'Starship Troopers', you can't expect a person to improve their behaviour if they are not shown how. Some simple examples in practice include violent offenders being sent to anger management classes, or bad drivers being sentenced to remedial training. Why aren't all offenders put into rehabilitation programs? Some reasons include: Cost. It would be very expensive to offer all the rehabilitation which would help all offenders. Often this kind of thing is court-ordered, so if the judge does not know about relevant programs or does not assess the offender's needs correctly, then the offender will not be sent to them. The offender is unwilling to participate in programs that are available, and there are limits to how much coercion a given society is comfortable applying. There is no 'one size fits all' rehabilitation. Some people need to talk about what makes them use drugs, others need to talk through their childhood issues, others need training so they can get a job and not fall back into bad habits when they are released from prison. Perhaps North Korea has a great curriculum for putting lots of people in a camp and they come out model citizens, but I'm not aware of the details. Can a person really be forced to do anything? Even the army can't do that. The army might put you in prison, but that's redundant for a person who is already a prisoner. You can always threaten to kill them, I suppose, whip them, or brainwash them with electrodes perhaps, but that depends on your principles as a society. I think it's fair to say that, these days, the trend is towards what the question suggests, which is putting as many offenders as possible into rehabilitation. In 2014 it was reported that Texas took the money it would have spent on building a new prison and used it on rehabilitation instead, and there were suggestions that that worked well.
Assuming that the age of criminal responsibility in your jurisdiction is more than five (I don't know any jurisdictions where it isn't), then you can't be arrested for this. It is possible that the therapist will have to report the information, and it will appear on your record if you apply to work with vulnerable people. On the other hand, if your parents put you up for adoption aged five (but kept a sister), they will have had to explain why - and that is likely to have been recorded (unless this is so long ago that record keeping was much more lax in those days). I would recommend finding a different therapist that is more comfortable being told about these things. You might also need to consult a lawyer for a short while (they will often offer a 30 minute free consultation).
If there is no reasonable suspicion of a crime having been committed or about to be committed, then there is no reason to seize you, and the Fourth Amendment "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated". Even if a state has a "stop and identify" statute, reasonable suspicion is a minimum requirement for seizing your person, even temporarily. Texas is not a state with an obligation to identify statute. I would not expect the state to be very helpful, given the facts as you report them. There might be others, such as the ACLU, who may be happy to discuss the particulars of your case. The police need to justify a stop in court, and not to the person being seized. I don't know if there is any case law saying that a false police statement to a detainee ("No, I don't have a reasonable suspicion") precludes claiming in court that there was reasonable suspicion, but it should at least make the claim of reasonable suspicion less credible. They do have to have reasonable suspicion, and they do not have to tell you what that suspicion is. OTOH if they are just harassing bicyclists, that would be illegal.
Desuetude is the wrong concept. Desuetude relates to laws as a whole falling out of use; it doesn’t relate to individual cases. There is no question that the UK actively enforces their bail laws so they are not falling out of use. There is a statute of limitations that applies to non-major crimes within which the state must initiate prosecution. However, in this case the prosecution for bail violation has been initiated and Mr Assange is “on the run” so this is not relevant. Neither is the fact that the original charges that led to his arrest has been dropped- he is wanted for escaping lawful custody under English law for which the penalty is pretty stiff. I will also venture an opinion that the case against him is as open and shut as it comes. TL;DR When he dies.