Congress authorized preventive detention of defendants when judges cannot assure community safety.
Evidence
Congress responded to this concern by permitting federal judges to order the detention of defendants until trial if the judges could not otherwise “reasonably assure the safety of any other person or of the community.” Most states also have required judges to consider community safety as well as the likelihood of appearance at trial in deciding on pretrial release. — G. Alan Tarr, Judicial Process and Judicial…, 1699
Categorization
- DEFINE: Names preventive detention as a discrete doctrine: pretrial confinement justified by predicted dangerousness rather than flight risk.
- ADDENDUM: Bears on the sacrifice article’s logic of confinement as social stabilization only obliquely — better to skip; flag as course-relevant instead.
- XREF: connects to: Courts cannot preserve congressional power that Congress fails to use — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2870; Congressional inaction following judicial construction can count as adoption of that construction — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3273; Judges cannot reliably predict dangerousness, causing both over- and under-detention. — G. Alan Tarr, Judicial Process and Judicial…, 1699
Broader Connections
- Courts cannot preserve congressional power that Congress fails to use
#complicates(0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2870 - Congressional inaction following judicial construction can count as adoption of that construction
#complicates(0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3273 - Judges cannot reliably predict dangerousness, causing both over- and under-detention.
#complicates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1699