BAIL AND PREVENTIVE DETENTION DURING RIOTS - A PROPOSAL (FROM THE LAW OF DISSENT AND RIOTS EDITED BY M.C.BASSIOUNI - SEE NCJ-01764)

• NCJ Number: 2038
• Author(s): R M CALICA; C L WEINTRAUB
• Date Published: 1971
• Length: 15 pages
• Corporate Author: Charles C. Thomas
• Publication Format: Book (Hardbound)
• Language: English
• Country: United States of America

Annotation

A PROPOSAL FOR THE USE OF PREVENTIVE DETENTION DURING RIOTS.

Abstract

UNDER PERIODS OF STRESS AND RIOTS, ABUSE OF JUDICIAL DISCRETION HAS OCCURRED, WHERE THOUSANDS HAVE BEEN UNCONSTITUTIONALLY DENIED THEIR RIGHT TO BE RELEASED. ABUSE RESULTS FROM THE PRACTICE OF DELIBERATELY SETTING BAIL AT A FIGURE WHICH CANNOT BE MET. IGNORED IN SUCH A PRACTICE IS THE INDIVIDUAL AND THE CRIME FOR WHICH HE WAS ARRESTED. EXAMINING THE INTENT OF THE 1967 BAIL REFORM ACT, IT IS ARGUED THAT PREVENTIVE DETENTION BE USED DURING PERIODS OF EMERGENCIES. TO PREVENT ABUSES, MANDATORY BAIL LEVELS SHOULD BE ESTABLISHED ACCORDING TO THE CHARGE AND ECONOMIC LEVEL OF THE DEFENDANT. A DEFENDANT SHOULD BE DETAINED ONLY FOR CERTAIN OFFENSES AND WITH A HEARING, AND THE PERIOD OF DETAINMENT SHOULD NOT EXCEED THE TERMINATION OF THE STATE OF EMERGENCY. REFERENCES