Monday, February 1, 2010

Prison system: My experience of 1 day visit to the Burail Jail, Chandigarh

Prison system means the structure that has been constructed to restrain the offenders and the guilty in order to curtail their liberty of movement and freedom if it is established that he has violated the laws of the land. In the modern times, the system and conditions of prison have met drastic changes. I would particularly like to highlight the contributions made by Justice Krishna Iyer and Kiran Bedi in reforming the prison system. We cannot restrain the offenders to the extreme levels as they are also human beings. Various practices such as yoga, meditation, carpentry etc have been incorporated. The physical structures of the prisons have also been modified.
I got an opportunity to visit Burail jail, located in Chandigarh while I was doing Law from Panjab University. On way to Burail, I was thinking if the prison would meet any similarity to the prisons shown in movies? Well, as we moved closer to it, I could realize how secluded that place is. Burail jail is spread over large area and is surrounded by high walls with fencing and tall trees. The sanitary system of the prison and the level of maintaining cleanliness are worth appreciation. At the entrance, there were 2-3 guards who checked our permission letter and verified it with the authorities. We saw huge crowd i.e. relatives of the offenders and accused outside the premises, who were waiting for their turn to meet them. As we had the permit to go inside, the lady police personnel checked us in the cabin made especially for ladies. We handed our mobiles to the guards. We are not supposed to take any electronic device inside. On being asked about the procedure of checking the offenders, the sub inspector told us that they check if the offender has any electronic device or any kind of substance that is prohibited in the jail. We made way to see how these offenders meet their relatives. Offender sits in room enclosed with the iron bars and their relatives are made to sit outside the bars. One major loophole that I observed was that the noise level was so high that hardly one person was audible to other. They could hardly interact in such noise. Moreover, the fruits given by their relatives were lying on the floor. There was no organized way of it. We then went to see the ladies jail, in other words a separate building with high walls to keep ladies apart from the male prisoners. Most of the female prisoners were accused of the dowry harassment or for fraud. There were some females who were living along with their infants. The females are provided with the sewing machines. The female cell has dormitory system with the washroom attached to them. They are also provided with the facility like beautician and tailor.
Further, we were not allowed to go inside the male cells due to security reasons. We were told that they had certain timings to roam outside, play some sports or read books in the library. The art of living, yoga sessions are organized very frequently. There is a separate building where the prisoners engage themselves in activities like carpentry, pot making etc. we saw the flower pots, huge tubs made of clay and a complete stock of the chairs, tables and dice.
The jail has a good kitchen system. We are not supposed to go inside but one can always taste the meals that are being served to the prisoners. A high quality level has been maintained by the jail authorities.
If we talk about the security level, the CCTV have been installed to keep a check on the movement of the prisoners. It is always kept at continuous surveillance. On the basis of my personal experience, I did not find any flaw in the conditions and the routine of the prisoners and prison authorities.

LPO NEWS

Sanctions Over e-Discovery Increase, More Oversight Needed


Are lawyers getting sanctioned for electronic-discovery violations more than before? So it seems, according to a study done by King & Spalding and reported in the Duke Law Journal. Such results are puzzling, considering that e-Discovery was supposed to simplify litigation.

More Sanctions for e-Discovery

The report reviewed a comprehensive survey of written opinions from cases in federal courts prior to January 1, 2010 — including motions for sanctions relating to ESI. They analyzed each case for various factors like type of case, sanctioning authority, sanctioned party, sanctioned misconduct, sanction type and sanctions to counsel, among others. What they found was staggering.

Of their analysis of pre-2010 cases, there were more e-discovery sanction cases and more e-discovery sanction awards in 2009 than in any prior year. In fact, there were more e-discovery sanction cases in 2009 than in all years prior to 2005 combined. To add insult to injury, the report also found that failure to produce ESI was the most common basis for sanctions.

e-Discovery is Only as Good as its Oversight

Theoretically, e-Discovery should establish a workflow so that data can be searched, collected, reviewed and analyzed in a manner that is both efficient and effective. However, considering that companies have more data than ever to comb through and classify, as well as conflicts between those implementing the e-Discovery infrastructure and those managing the workflows, e-Discovery isn’t always the magic bullet many believe it to be.

According to the study authors, one of the reasons that sanctions may be increasing is that often “more attention is focused on e-discovery than on the merits with a motion for sanctions an increasingly common filing.” Additionally, of the cases in which sanctions were awarded, the most common misconduct was failure to preserve ESI.

While the study doesn’t offer much advice about how e-Discovery solutions can help solve the problem, it does highlight the need for more uniform standards and guidelines to steer counsel through the complex tasks of discovery.

Ultimately, no matter the e-Discovery platform in use, companies need to take more control of how data is managed across the EDRM. Like most tools, e-Discovery is not magic, but if used effectively, it can help to manage risk and limit sanctions.

Source:- http://www.cmswire.com/cms/information-management/sanctions-over-ediscovery-increase-more-oversight-needed-009838.php


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