U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

When the Justice System Tries To Fix Its Mistakes

NCJ Number
90969
Journal
Revue de droit penal et de criminologie Volume: 62 Issue: 8-9-10 Dated: (August-September-October 1982) Pages: 711-734
Author(s)
A Spielmann
Date Published
1982
Length
23 pages
Annotation
The study outlines recent laws and proposed reforms in Luxemburg designed to protect the rights of citizens who have suffered miscarriages of justice or unjustified preventive detention.
Abstract
Recently instituted laws provide for compensation of persons detained for more than 8 days without justification in the individual's behavior. Compensation decisions are made by a special commision appointed by the Grand Duke. Addressing the substance of the law, the author discusses proposals to limit the allowable detention period to 3 days and to define more precisely the meaning of 'behavior' as well as the rationale for compensation. Regarding procedures, various arguments are raised relating to final power of decision in individual compensation cases, to admissible periods of delay in reaching decisions, and to special cases to severe psychological damage even in cases of short term detention. Controversies surrounding guidelines for determining the amount of compensation, i.e., whether according to time detained, to the extent of psychological injury, or to the individual's previous record and character, are also delineated. A detailed explanation of the separate articles of the law is supplied.

Downloads

No download available