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NCJ Number: 30758 Find in a Library
Title: PREVENTIVE DETENTION, A SCIENTIFIC VIEW OF MAN, AND STATE POWER (FROM CRIMINAL JUSTICE SYSTEMS REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)
Author(s): D H J HERMANN
Corporate Author: William S Hein and Co, Inc
United States of America
Date Published: 1974
Page Count: 27
Sponsoring Agency: William S Hein and Co, Inc
Buffalo, NY 14209
Format: Document
Language: English
Country: United States of America
Annotation: THIS ARTICLE EXAMINES THE CURRENT ACTUAL AND PROPOSED USES FOR PREVENTIVE DETENTION IN THE UNITED STATES.
Abstract: AFTER EXAMINING THESE USES, THE CONCEPT OF PREVENTIVE DETENTION IS CRITICALLY ANALYZED. IT IS DEMONSTRATED THAT A FAIR AND EFFECTIVE PREVENTIVE DETENTION SYSTEM REQUIRES AN OBJECTIVE DEFINITION OF DANGEROUSNESS AND A RELIABLE METHOD OF DETERMINING IT. NEITHER OF THESE REQUIREMENTS HAS BEEN DEVELOPED SATISFACTORILY, AND, CONSEQUENTLY, PREVENTIVE DETENTION CAN BE EASILY ABUSED BY A STATE POWER. BECAUSE OF THIS POTENTIAL FOR ABUSE, THIS ARTICLE CONCLUDES THAT ANY USE OF PREVENTIVE DETENTION MUST BE SUBJECTED TO RIGOROUS SCRUTINY AND EFFECTIVE SAFEGUARDS. (AUTHOR ABSTRACT)
Index Term(s): Judicial decisions; Preventive detention; Right to Due Process
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=30758

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