NCJ Number
9431
Date Published
1972
Length
121 pages
Annotation
BACKGROUND OF THE STATUTE, STUDY OF THE CASES INVOLVED, SOME ASPECTS OF THE OPERATIONS, AND CONCLUSIONS EMERGING FROM THE TEN MONTHS EXPERIENCE.
Abstract
THE DISTRICT OF COLUMBIA CRIMINAL PROCEDURE ACT OF 1970 PROVIDED FOR 'PREVENTIVE DETENTION' OF DANGEROUS DEFENDANTS. PREVENTIVE DETENTION WAS BOTH ATTACKED AS AN UNCONSTITUTIONAL ABUSE OF THE 'RIGHT TO BAIL' AND PRAISED AS A LEGITIMATE SOLUTION TO THE GROWING CRIME RATE AMONG THOSE RELEASED ON BAIL. THIS STUDY ANALYZES THE FIRST TEN MONTHS OF THE STATUTE'S OPERATION IN DISTRICT OF COLUMBIA COURTS. TWENTY OF THE MORE THAN 6,000 FELONY DEFENDANTS ENTERING THE CRIMINAL JUSTICE SYSTEM WERE PROCEEDED AGAINST AS CANDIDATES FOR PREVENTIVE DETENTION. THE STATUTE'S 'DANGEROUSNESS' REQUIREMENTS ARE SPECIFIC AND, ACCORDINGLY, ARE NOT APPLICABLE TO MOST DEFENDANTS. EACH OF THE TWENTY PREVENTIVE DETENTION CASES IS REVIEWED IN DETAIL AS TO THE DEFENDANT'S BACKGROUND AND THE JUDICIAL DETERMINATIONS WHICH RESULTED. ALSO DISCUSSED ARE SUCH PROCEDURAL AND SUBSTANTIVE ISSUES AS THE KIND OF EVIDENCE ADMISSIBLE IN A PREVENTIVE DETENTION HEARING AND WHETHER OR NOT THE HEARING WILL BE CLOSED TO PROTECT DEFENDANTS AGAINST PREJUDICIAL PUBLICITY. (SNI ABSTRACT)