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17 Crime & Delinquency 1 (1971)

handle is hein.journals/cadq17 and id is 1 raw text is: CRIME and DELINQUENCY NATOtA COUNCI ON CUM MMD DEUNQU~r4 Volume 17 January 1971 Number 1 Preventive Detention A Policy Statement BOARD OF TRUSTEES, NATIONAL COUNCIL ON CRIME AND DELINQUENCY L EGISLATION to authorize preven- tive detention-the holding without bail of persons accused of crime who are deemed likely to en- gage in further crime if released on bail pending trial-has been proposed as a means to prevent further crimes by such defendants. It is argued that these dangerous defendants are pre- sumably guilty (despite the presump- tion of innocence which the law guarantees), that a judge or prosecu- tor is able to predict the likelihood of their committing further crimes, that because of delay in trial a consider- able period will elapse before their cases are disposed of, and that, if released on bail or otherwise pending trial, they are likely to commit fur- ther crimes. 1 Legislation authorizing preventive detention would result in pretrial de- tention of some innocent persons and of some persons who, although guilty, would not have committed further crimes. Aside from objections to substitut- ing a presumption of guilt for a presumption of innocence and aside from the issue of the constitutional right to reasonable bail, NCCD op- poses such legislation on practical grounds. The first is the danger of abuse. We have had ample demon- stration of the abuse of preventive detention by totalitarian regimes. We have seen that power invoked, in na- tions beset with internal disorder, to suppress and harass minorities and dissidents.

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