NCJ Number
66657
Date Published
1978
Length
12 pages
Annotation
HYPOTHESIZING A PRIORI THE CONSTITUTIONALITY OF THE PRESENT DISTRICT OF COLUMBIA LEGISLATION ON PRETRIAL DETENTION, A PROFESSOR OF LAW ADDRESSES THE REVISIONS TO SUCH LEGISLATION EMBODIED IN H.R. 7747.
Abstract
THIS PREPARED STATEMENT WAS SUBMITTED TO THE SUBCOMMITTEE ON GOVERNMENTAL EFFICIENCY AND THE DISTRICT OF COLUMBIA OF THE SENATE COMMITTEE ON GOVERNMENTAL AFFAIRS CONCERNING H.R. 7747, AN ACT TO AMEND TITLE 23 OF THE DISTRICT OF COLUMBIA CODE WITH RESPECT TO THE PRETRIAL RELEASE OR DETENTION OF PERSONS CHARGED WITH CERTAIN TYPES OF VIOLENT OR DANGEROUS CRIMES. THE WITNESS DISCLAIMED ANY INTENTION OF QUESTIONING THE CONSTITUTIONALITY OF THE CONCEPT OF PREVENTIVE DETENTION, BUT EXPRESSED HIS DESIRE TO ADDRESS ONLY THE FAIRNESS AND CONSTITUTIONALITY OF SEVERAL OF THE REVISIONS PROPOSED IN H.R. 7747. ARGUING THAT PREVENTIVE DETENTION (BECAUSE OF ITS IMPLIED ASSUMPTION OF DANGEROUSNESS OF THE DETAINEE) CARRIES A GREATER STIGMA THAN INCARCERATION DUE TO FINANCIAL INABILITY TO POST BAIL, THE WITNESS URGED MORE EXPEDITIOUS ACTION ON TRIALS FOR DETAINEES. HE ALSO EXPRESSED OPPOSITION TO THE INCLUSION OF DEFENDANTS ON BAIL IN THE PROVISION ALLOWING PREVENTIVE DETENTION WITHOUT A HEARING FOR RECIDIVIST PROBATIONERS AND PAROLEES BECAUSE OF THE DIFERENCE IN LEGAL STATUS BETWEEN THESE TYPES OF RELEASEES. EVEN THE LEGALITY OF DETAINING OR REVOKING THE PAROLE OR PROBATION STATUS OF A SUSPECT ON A SUBSEQUENT OFFENSE IS QUESTIONED, IF THIS IS DONE WITHOUT A HEARING AND AN INQUIRY INTO THE DANGEROUSNESS OF THE INDIVIDUALS CONCERNED, WHICH IS THE BASIC JUSTIFICATION FOR PREVENTIVE DETENTION. THE PROCEDURAL INADEQUACIES OF THIS PROPOSED REVISION ARE DISCUSSED AT LENGTH, AND REMEDIES ARE SUGGESTED.