PREVENTIVE DETENTION BEFORE TRIAL (FROM CRIMINAL LAW ESSAYS ON CRIMINAL LAW SELECTED FROM THE PAGES OF THE HARVARD LAW REVIEW, 1972 - SEE NCJ-008880)

• NCJ Number: 10684
• Author(s): ANON
• Date Published: 1966
• Length: 27 pages
• Corporate Author: Harvard Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EVALUATION OF PREVENTIVE DETENTION IN TERMS OF ITS EFFECT ON CONSTITUTIONAL RIGHTS, THE NATURE OF THE PROBLEM AND THE AVAILABLITY OF ALTERNATIVE WAYS OF DEALING WITH IT.

Abstract

CRITICISMS ON THE BAIL SYSTEM ARE REVIEWED. SETTING HIGH BAIL TO PREVENT COMMISSION OF CRIMES BEFORE TRIAL IS IN VIOLATION OF CONSTITUTIONAL PRINCIPLES AND IS DISCRIMINATORY. SOCIETY PERCEIVES A NEED FOR PREVENTIVE DETENTION FOR ITS OWN PROTECTION BUT PREVENTIVE DETENTION IS IN CONFLICT WITH TWO PRINCIPLES BASIC TO OUR CRIMINAL SYSTEM THAT ILLEGAL ACTS SHOULD NOT BE DETERRED BY PRIOR CONFINEMENT AND THAT IMPRISONMENT SHOULD NOT BE IMPOSED WITHOUT CONVICTION OF A CRIME. SOME OF THE ALTERNATIVES TO PREVENTIVE DETENTION ARE SHORTENING THE PERIOD BEFORE TRIAL, CIVIL COMMITMENT, AND CONDITIONAL AND SUPERVISED RELEASE. IN CASES INVOLVING POSSIBLE INTIMIDATION OF WITNESSES OR DESTRUCTION OF EVIDENCE, IT MIGHT BE EVEN MORE EFFECTIVE TO PROTECT THE WITNESS OR EVIDENCE THAN TO JAIL THE ACCUSED. UNLESS ALTERNATIVES PROVE TO BE ALTOGETHER INADEQUATE PREVENTIVE DETENTION SHOULD BE AVOIDED.