NCJ Number
80242
Date Published
1976
Length
197 pages
Annotation
The study examines preventive detention practices at the courts of first instance in four districts of the Canton of Aargua, Switzerland.
Abstract
Study data were taken from the records of offenders judged in courts of first instance during 1971 in districts chosen to represent regional characteristics: the seat of the Canton (Aargau), a highly industrialized area (Baden), a rural area (Kulm), and a border area (Rheinfelden). By reviewing a large number of cases, the study sought to reveal misapplications and illegalities in the districts' exercise of preventive detention as well as the positive aspects of this practice. In the 4 districts together, the courts of first instance heard 1,141 cases, with 145 of these involving preventive detention of the accused. The latter are examined in terms of the reason for detention: danger of escape, danger of collusion, mandatory prison term mandated for the offense charged, detoxification, prior failure to appear in court, assurance that a sentence of imprisonment is carried through, and detention following a serious traffic accident. The use of alternatives to preventive detention, such as warning against attempts to flee, setting bail, and requiring geographic restriction or periodic registration are also examined. Likewise examined are the application of formal guarantees against unjust detention and the procedures by which temporary detention is performed. Data are given on the duration of detention and the effectiveness of various means by which it can be shortened or interrupted. It is concluded that Canton Aargau operates an effective, fair preventive detention system; suggestions are made for erasing minor inequities. Extensive tables and a bibliography of 39 entries are given. Appended are supplementary data tables, articles of law pertaining to detention procedures, and forms used in criminal investigation.