skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 10684 Find in a Library
Title: PREVENTIVE DETENTION BEFORE TRIAL (FROM CRIMINAL LAW ESSAYS ON CRIMINAL LAW SELECTED FROM THE PAGES OF THE HARVARD LAW REVIEW, 1972 - SEE NCJ-008880)
Author(s): ANON
Corporate Author: Harvard Law Review Assoc
Harvard Law Review
United States of America
Date Published: 1966
Page Count: 27
Sponsoring Agency: Harvard Law Review Assoc
Cambridge, MA 02138
Publication Number: U
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.
Index Term(s): Bail discrimination; Bail/Financial Release; Constitutional Rights/Civil Liberties; Court delays; Preventive detention; Rights of the accused; Supervised release
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=10684

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.