Preventive Detention

• Preventive detention

• Preventive Detention

The confinement in a secure facility of a person who has not been found guilty of a crime. Preventive detention is a special...

• West's Encyclopedia of American Law
• Po–San

• Pretrial and preventive detention of suspected terrorists: options and constraints under international law.

I. DETAINING SUSPECTED TERRORISTS: SCENARIOS UNDER INTERNATIONAL LAW On what grounds, by what procedures, and within what limits under international...

• Journal of Criminal Law and Criminology
• Vol. 98 Nbr. 3, March 2008

• Punishment and the wild beast of prey: the problem of preventive detention.

The state has to be able to detain even when a crime has not been committed. The goal of preventive detention is to prevent future crimes by those adjudged sane but dangerous. These future crimes would be voluntary and intentional. Taking away a person's freedom for the good of society does,however, require compensation and such compensation would justify a dangerous person's relinquishment of freedom.

• Journal of Criminal Law and Criminology
• Vol. 86 Nbr. 3, March 1996

• Preventive detention of immigrants and non-citizens in the United States since September 11th.

Abstract The attacks of September 11, 2002, have dramatically altered the policy and scape in Washington, but it is important to reject the notion t...

• Refuge
• Vol. 20 Nbr. 4, August 2002

• Lock them up - and throw away the key: the preventive detention of sex offenders in the United States and Germany.

I. INTRODUCTION The management of sex offenders is increasingly unlikely to achieve a balance between protecting society and preserving individual l...

• Georgetown Journal of International Law
• Vol. 39 Nbr. 3, March 2008

• Preventive Detention

Preventive detention is the jailing of an accused not to prevent bail-skipping but to protect public safety pending trial. Although ...

• Encyclopedia of the American Constitution
• KA-PU

• Schall v. Martin, 467 U.S. 253 (1984)

... Family Court Act authorizes pretrial detention of an accused juvenile delinquent based on a findi..., the statute is administered, not for preventive purposes, but to impose punishment for unadjudicat...

• U.S. Supreme Court

• Top Court to Rule On 'Preventive Detention'

WASHINGTON -- Suspected al-Qaida sleeper agent Ali Al-Marri is now facing criminal charges, but the Obama administration is refusing to rule out the future use of indefinite detention for terrorism suspects picked up in the United States. The administration urged the Supreme Court Friday to dismiss al- Marri's challenge to the president's authority to detain people in the U.S. indefinitely and without charges.

• Deseret News (Salt Lake City)
• February 28, 2009

• More 'preventive detention' from the bush administration.

"The federal Centers for Disease Control and Prevention released a phone-book-thick proposed rule yesterday that would give the federal government new...

• The New American
• January 09, 2006

• On Liberty: Detention in New Forms of Armed Conflict

On Sep 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars in economic loss. On September 12, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and reiterating the right of states to use armed force in self-defense. NATO, for the first time in its history, invoked the obligation of collective self-defense under Article 5 of the NATO Treaty. Well known evidentiary and procedural problems limit the value of prosecution for counterterrorism. But the most fundamental problem -- unpleasant to articulate -- is the standard of proof. People are left with a need for preventive detention, in a small set...

• Harvard International Review
• Vol. 31 Nbr. 1, April 2009