Nonpunitive pretrial detention, of course, has long since ceased to exist, if it ever did.
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Nonpunitive resolutions such as mediation were forbidden, even if that is what both sides wanted.
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This means creating clear, nonpunitive methods for reporting bad behavior and training individuals on all issues surrounding effective whistle-blowing.
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The regulations encourage measures that are "nondisciplinary individualized services" and "nonpunitive, time-limited and narrowly tailored" to keep students in school.
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But they also include important self-monitoring practices and nonpunitive coping measures that can be the crucial to long-term weight management.
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"The nonpunitive remedy of disgorgement does not fit in that company," the court said, and is not subject to the limitations period.
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She found that providers served by the new program were more likely to think the hospital had a "nonpunitive response to errors" and generally perceived their units to offer safer care.
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Witnessing others being praised for honesty, meanwhile, and nonpunitive appeals for the truth — for example, "If you tell the truth, I will be really pleased with you" — promotes honest behavior, Professors Lee and Talwar have found.
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Held: Because the Alaska Sex Offender Registration Act is nonpunitive, its retroactive application does not violate the ex post facto clause. The question is if the intention was to impose a punishment or "civil proceedings". If the intention was to punish, that ends the inquiry. If the intention was to enact a regulatory scheme that is civil and nonpunitive, the Court must examine whether the scheme is so punitive as to negate the State's intention to deem it civil.
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McMichael, pp. 321-324 Fagan, one of the four named in the original Navy investigation, had received nonpunitive action from Krulak and was later promoted to Colonel (O-6).Vistica,, p. 378 Ludwig retired from the Navy in May 1995.
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John Does I and II were convicted of aggravated assault before the act's passage and filed suit, claiming the act was punitive and violated the ex post facto clause of Article I of the U.S. Constitution. The district court ruled against the Does, ruling that the act was nonpunitive. The appeals court sided with the Does that the act was in fact punitive and violated ex post facto.
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Several admirals admitted to having witnessed the gauntlet and had not intervened, including Dunleavy, Robert P. Hickey, Riley Mixson, and Edwin R. Kohn (Zimmerman, pp. 267-269). After consultation with President Bill Clinton, Aspin decided not to fire Kelso. Instead, on October 15, he gave Kelso and 29 of the other officers nonpunitive "letters of caution." Aspin issued secretarial letters of censure (equivalent to formal reprimands) to Dunleavy and rear admirals Riley Mixson and Wilson Flagg, Dunleavy's deputies.
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Stark, Prohibited Government Acts: A Reference Guide to the United States Constitution, 2002, p. 75. The Court modified the punishment prong by holding that punishment could survive scrutiny if it was rationally related to other, nonpunitive goals. Finally, the Court concluded that the legislation must not be intended to punish; legislation enacted for otherwise legitimate purposes could be saved so long as punishment was a side-effect rather than the main purpose of the law.Stark, Prohibited Government Acts: A Reference Guide to the United States Constitution, 2002, p. 30.
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At the masts, two were exonerated and 12 received nonpunitive letters or counseling which were not recorded in their permanent record. The other 28 officers received fines between $500–2,000 and/or were issued permanent, punitive letters of admonition or reprimand, which likely ended further opportunities for promotion. Thirty of the officers were subsequently given grants of immunity by Navy prosecutors who hoped to use them as witnesses in the pending courts-martials.McMichael, pp. 116-118. Twenty-seven were fined and 24 received punitive paper. Four naval officers had rejected their May 1993 offers from Reason to go to admiral's mast.
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In a 5–4 decision, the Supreme Court ruled that an objective standard must be used in judging whether an officer applied excessive force, reversing the Seventh Circuit Court of Appeals. Justice Breyer, joined by Justices Kennedy, Ginsburg, Sotomayor, and Kagan wrote for the majority, stating that a pretrial detainee is protected from "excessive force that amounts to punishment," even when, according to Buck v. Bell, the punishment is only "rationally related to a legitimate nonpunitive governmental purpose," rather than possessing an "express intent to punish." Therefore, in applying Bell, the plaintiff need not prove an intent to punish.
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Ranger cruising off the coast of California in 1983 On March 20, 1981, under the leadership of CAPT Dan A. Pedersen, Ranger rescued 138 Vietnamese boat people from the South China Sea and brought them to the United Nations High Commission for Refugees (UNHCR) in Manila, Philippines. In the same year, following the refugee rescue in 1981, CAPT Pedersen was given a nonpunitive letter of censure by Vice Adm. Robert F. Schoultz, commander of the Naval Air Force, United States Pacific Fleet, (COMNAVAIRPAC), after a three-week investigation into the 14 April 1981 death of Airman Paul Trerice, 20 years old, of Algonac, Michigan. Trerice had died after being on a bread- and-water diet for three days, then taking part in punitive exercises in the correctional custody unit.
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'" Thus, the plaintiffs' "equal protection argument fails on the merits." As to the bill of attainder claim, the Court noted that bills of attainder are "legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial." The "bill of attainder concept of punishment ... does not include 'every Act of Congress or the States that legislatively burdens some persons or groups but not all other plausible individuals.'" The harm the plaintiffs claimed "is not punishment in the functional sense because it serves the nonpunitive purpose of steering heterosexual procreation into marriage, a purpose that negates any suspicion that the supporters of [the initiative] were motivated solely by a desire to punish disadvantaged groups.
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