Preventive Detention And Bail Systems Essay

1099 Words Jun 8th, 2016 null Page
When it comes to the criminal justice system there must be clear guidance that is reviewed/reformed when it is no longer meeting the needs of American citizens. This includes the preventive detention and bail systems. In order to identify the failures of the current system, it is necessary to find out how and why they failed in order to guide the reforming process. The articles below do three things to help identify what actions need to take place to reform these systems in a positive way, they show what the system was intended to do, how/why it has failed, and how it can be fixed.

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…

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