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Sacks Meghan & Alissa R. Ackerman

In: Corrections

Chapter 13: Preventive Detention

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Preventive Detention
Preventive detention

Although the original purpose of bail was to ensure the appearance of accused individuals in court, the Bail Reform Act of 1984 resulted in an expansion of the use of bail, explicitly allowing the use of preventive detention in cases involving defendants who were presumed dangerous by the court. Preventive detention is the temporary incarceration of an individual who has not been convicted of a crime. Provisions of the Bail Reform Act state that a defendant should not be released in the community if the release would not ensure his return to court or if his release would place members of the community in danger. This position was clarified in United States v. Salerno (1987), when the U.S. Supreme Court held that, ...

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