PREVENTIVE DETENTION, A SCIENTIFIC VIEW OF MAN, AND STATE POWER (FROM CRIMINAL JUSTICE SYSTEMS REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)

• NCJ Number: 30758
• Author(s): D H J Hermann
• Date Published: 1974
• Length: 27 pages
• Corporate Author: William S Hein and Co, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXAMINES THE CURRENT ACTUAL AND PROPOSED USES FOR PREVENTIVE DETENTION IN THE UNITED STATES.

Abstract

AFTER EXAMINING THESE USES, THE CONCEPT OF PREVENTIVE DETENTION IS CRITICALLY ANALYZED. IT IS DEMONSTRATED THAT A FAIR AND EFFECTIVE PREVENTIVE DETENTION SYSTEM REQUIRES AN OBJECTIVE DEFINITION OF DANGEROUSNESS AND A RELIABLE METHOD OF DETERMINING IT. NEITHER OF THESE REQUIREMENTS HAS BEEN DEVELOPED SATISFACTORILY, AND, CONSEQUENTLY, PREVENTIVE DETENTION CAN BE EASILY ABUSED BY A STATE POWER. BECAUSE OF THIS POTENTIAL FOR ABUSE, THIS ARTICLE CONCLUDES THAT ANY USE OF PREVENTIVE DETENTION MUST BE SUBJECTED TO RIGOROUS SCRUTINY AND EFFECTIVE SAFEGUARDS. (AUTHOR ABSTRACT)