Preventive Detention And Bail Systems Essay
Preventive Detention before Trial. (1966). Harvard Law Review, 79(7), 1489-1510.
In this Harvard Law Review, the author attempts to describe the problem with the current preventive detention practices in America. The main arguments this article makes is this system does little to protect the people or to preserve the constitutional rights guaranteed to every American citizen. To avoid the requirements of detaining a suspect without bail, judges set the bail amount higher, in some cases much higher, for people that they feel should not be released. This practice is in direct conflict with the protection from excessive bail that the constitution provides. Additionally, this practice interferes with the defendant’s ability to prepare their defense.
This article synthesizes several different articles to explain the problems with the current bail system. What aids the criticality of this article…