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DENIAL OF BAIL FOR PREVENTIVE PURPOSES

NCJ Number
42173
Journal
AUSTRALIAN & NEW ZEALAND JOURNAL OF CRIMINOLOGY Volume: 10 Issue: 1 Dated: (MARCH 1977) Pages: 27-39
Author(s)
G CAINE
Date Published
1977
Length
13 pages
Annotation
THIS ARTICLE EXAMINES PREVENTIVE DETENTION IN AUSTRALIA AND OTHER ENGLISH-SPEAKING COUNTRIES IN AN EFFORT TO ASSIST IN DEBATE ON THE SUBJECT IN AUSTRALIA.
Abstract
THE AUTHOR DISCUSSES LEGAL AND OTHER PROBLEMS INVOLVED IN PREVENTIVE DETENTION, CITING RELEVANT CASE LAW WHERE APPLICABLE. HE CONCLUDES THAT THE LAW OF PREVENTIVE DETENTION IS UNCLEAR, THAT PREVENTIVE DETENTION HAS ENORMOUS ADVERSE IMPACT ON DETAINEES AND THE COMMUNITY, AND THAT PROCEDURES ARE SO CRUDE AS TO GUARANTEE THAT MANY OF THOSE DETAINED ARE THOSE WHO WOULD BE UNLIKELY RECIDIVATE. SUGGESTIONS FOR ENACTMENT OF SPEEDY TRIAL LEGISLATION LIKE THAT IN EFFECT IN WASHINGTON, DC, SUBSTANTIAL IMPROVEMENT OF DETENTION FACILITIES, COMPENSATION FOR THOSE DETAINED, AND AUTOMATIC SUBTRACTION OF DETENTION TIME FROM ANY SENTENCE IMPOSED ARE SET FORTH....EB