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NCJ Number: 90969 Add to Shopping cart Find in a Library
Title: When the Justice System Tries To Fix Its Mistakes
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
Page Count: 23
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Language: French
Country: Belgium
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.
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