CONSTITUTIONALITY OF PREVENTIVE DETENTION

• NCJ Number: 49302
• Author(s): P E SECRET
• Date Published: 1977
• Length: 147 pages
• Corporate Author: University Press of America
• Sale Source: University Press of America
• Language: English
• Country: United States of America
• Note: THIS THESIS WAS ORIGINALLY WRITTEN IN 1971, FOR THE MASTERS DEGREE, AT THE UNIVERSITY OF NEBRASKA-LINCOLN

Annotation

AN EXAMINATION OF VARIOUS CONSTITUTIONAL ASPECTS OF PREVENTIVE DETENTION IS PRESENTED, WITH ATTENTION TO THE 5TH AND 8TH AMENDMENTS AND STATISTICS RELATING TO THE DISTRICT OF COLUMBIA'S PREVENTIVE DETENTION EXPERIENCE.

Abstract

THE EIGHTH AMENDMENT AND THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT RAISE MANY QUESTIONS CONCERNING THE CONSTITUTIONALITY OF A PREVENTIVE DETENTION ACT PASSED FOR THE DISTRICT OF COLUMBIA IN JULY 1970. THE PRESUMPTION OF INNOCENCE, A BASIC PREMISE OF CRIMINAL LAW IN THE U.S., SUGGESTS FURTHER QUESTIONS. THE CONSTITUTIONALITY OF THE LAW WAS QUESTIONED BECAUSE MOST OF THE STATISTICAL DATA USED AS A BASIS FOR THE LAW'S NECESSITY WAS COLLECTED IN THE PREDOMINANTLY BLACK DISTRICT OF COLUMBIA. STATISTICS OF PRETRIAL CRIME IN THE DISTRICT AND THE GENERAL INCIDENCE OF CRIME ALLEGEDLY COMMITTED BY PERSONS ON BAIL REFLECT THE INADEQUACY OF THE BAIL REFORM ACT OF 1966 AND THE FACT THAT THE INCIDENCE OF CRIME ON BAIL IS HIGHER AMONG CERTAIN TYPES OF OFFENDERS. ALTERNATIVES TO PREVENTIVE DETENTION ARE ASSESSED, WITH EMPHASIS ON THE INADEQUACY OF JUDICIAL ADMINISTRATION, THE ECONOMIC AND SOCIAL SEEDS OF CRIME, AND EDUCATION AND EMPLOYMENT. DISCUSSION OF THE HISTORICAL FOUNDATION OF THE EIGHTH AMENDMENT RIGHT TO BAIL FOCUSES ON THE ENGLISH HERITAGE OF BAIL, BAIL IN PREREVOLUTIONARY AMERICA, AND THE QUEST FOR THE RATIFICATION OF THE EIGHTH AMENDMENT. THE RIGHT TO BAIL IS DISCUSSED AS IT PERTAINS TO THE PRESUMPTION OF INNOCENCE AND DUE PROCESS AND OTHER ASPECTS OF DUE PROCESS, INCLUDING PREVENTIVE DETENTION AND CASE DISPOSITION, PROBLEMS OF PREDICTION, DEFENSE PREPARATION, AND CERTAIN INTANGIBLE EFFECTS. CIRCUMSTANCES UNDER WHICH PREVENTIVE DETENTION HAS RECEIVED THE SANCTION OF VARIOUS FEDERAL AND STATE COURTS, INCLUDING THE U.S. SUPREME COURT, ARE DESCRIBED. THE AUTHOR CONCLUDES THAT UNLESS THE SUPREME COURT STRIKES DOWN PRETRIAL PREVENTIVE DETENTION IN THOSE CASES IN WHICH THE DEFENDANT IS ABLE TO AND CAN BE ASSUMED TO APPEAR IN COURT, IT IS LIKELY THAT A GREATER NUMBER OF CRIMES WILL BE BROUGHT UNDER THE LAW'S PURVIEW AS BEING SUFFICIENTLY DANGEROUS OR VIOLENT TO WARRANT PRETRIAL PREVENTIVE DETENTION. TABULAR DATA ARE PROVIDED. A LIST OF TABLES AND A SELECTED BIBLIOGRAPHY ARE INCLUDED. (KBL) BROUGHT UNDER THE LAW'S PURVIEW AS BEING SUFFICIENTLY DANGERIOUS OR VIOLENT ENOUGH TO WARRANT PRETRIAL PREVENTIVE DETENTION. TABULAR DATA ARE PROVIDED. A LIST OF TABLES IS INCLUDED, AS IS A SELECTED BIBLIOGRAPHY. (KBL)