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NCJRS Abstract

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NCJ Number: 65901 Find in a Library
Title: CONSTITUTIONALITY OF CONDITIONS OF PRETRIAL DETENTION THE GOVERNMENT'S BURDEN
Journal: NEW ENGLAND JOURNAL ON PRISON LAW  Volume:5  Issue:2  Dated:(SPRING 1979)  Pages:151-205
Author(s): B ANELLO
Corporate Author: New England School of Law
United States of America
Date Published: 1979
Page Count: 55
Sponsoring Agency: New England School of Law
Boston, MA 02116-5687
Format: Article
Language: English
Country: United States of America
Annotation: CONSTITUTIONAL ISSUES INVOLVED IN THE CONDITIONS OF PRETRIAL DETENTION ARE EXAMINED.
Abstract: THE CONSTITUTIONAL PRESUMPTION OF INNOCENCE IS AT THE HEART OF THE RIGHTS AND PRIVILEGES OF PRETRIAL DETAINEES. WHEN GOVERNMENT OFFICIALS IGNORE THIS BASIC TENET OF THE AMERICAN SYSTEM OF JUSTICE, THE COURTS MUST BE QUICK TO REMEDY THE VIOLATION. IF, FOR FINANCIAL REASONS, LOCAL GOVERNMENTS CANNOT OR WILL NOT PROVIDE FUNDS TO BRING THEIR JAILS UP TO CONSTITUTIONALLY PERMISSIBLE STANDARDS, THE STATE OR FEDERAL GOVERNMENT SHOULD ASSUME RESPONSIBILITY FOR THE MANAGEMENT AND CONTROL OF THE DETENTION FACILITIES. IN EXAMINING THE IMPOSED CONDITIONS UNDER A DUE PROCESS ANALYSIS, COURTS DEMAND THE GOVERNMENT DEMONSTRATE THAT IT HAS CHOSEN THE LEAST RESTRICTIVE ALTERNATIVE AVAILABLE. JUDICIAL SCRUTINY OF PRETRIAL DETENTION CONDITIONS SHOULD DETERMINE THAT PRETRIAL DETAINEES ARE NOT DENIED THE RIGHTS AND PRIVILEGES AFFORDED STATE INMATES. ALTHOUGH SOME PRETRIAL DETAINEES ARE SECURITY THREATS, THE MAJORITY OF THE JAIL POPULATION CAN BE ASSIGNED TO MINIMUM AND MEDIUM-SECURITY ENVIRONMENTS. FOOTNOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--RCB)
Index Term(s): Court ordered institutional reform; Detention; Equal Protection; Facility conditions; Jails; Judicial decisions; Right to Due Process
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=65901

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