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Today, the majority of states and the federal system have changed their laws to allow judges to detain arrestees who pose a risk to society if released during the pretrial period.(2) Half of these laws were passed in the 1980's.(3)
The significant increase in the use of detention before trial! to prevent crime has not occurrred without debate and legal challenge. Two U.S. Supreme Court decisions in the 1980s ensured that preventive detention would continue to be part of legal proceedings in criminal courts throughout the country. Schall v. Martin(4) upheld a New York statute authorizing the preventive detention of juvenile delinquents, and United States v...
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Common topics in this essay:
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