Preventive Detention: Balancing Crime Control and Civil Liberties
Introduction
In preventive detention, a form of incarceration, a person is held without having committed a crime to prevent them from committing one in the future. Many people still need to decide whether or not preventive detention is effective at policing crime and protecting civil rights, even though it has been used in some form for quite a while. This essay critically examines the potential effects of preventive detention on crime prevention strategies and an individual’s right to a fair trial.
Pros of Preventive Detention
The ability of preventive detention to lower crime is one of its main advantages. According to the World College for Legal Education, law enforcement officials can detain people they suspect of criminal activity by making preventive arrests (Javdani, 2019). This is true even in the absence of strong evidence. The objective is to stop them from carrying out their nefarious plans. The prevention of planned crimes is achievable by detaining those who are believed to be responsible beforehand. Crime rates decrease as a result, and public safety is improved.
Additionally, preventive detention is an effective tool for preventing criminal activity. Policies that permit the detention of suspected criminals in advance can have a significant psychological impact on potential offenders and may make them reconsider committing a crime (Clear et al., 2021). In addition, because preventive detention practices may lead to more successful convictions, this may convey to potential offenders that breaking the law will result in consequences, making them less likely to engage in criminal activity.
Cons of Preventive Detention
Preventive detention has serious drawbacks that should be considered before use, despite any potential benefits. This type of incarceration has some drawbacks, such as the potential for abuse by law enforcement. Without sufficient oversight, there is a risk that law enforcement will target specific individuals or groups with preventative detention, deny them their rights, and imprison them in cages without a trial (Clear et al., 2021). This could result in innocent people being wrongfully detained, violating the due process clause of the Constitution.
Additionally, the erosion of civil liberties could result from preventive detention. For instance, people may be less likely to exercise their rights to free speech, assembly, and other constitutionally guaranteed liberties if law enforcement is given too much discretion in detaining them. Such an occurrence should be avoided because it might harm civil society.
Effects of Preventive Detention on Crime Control and Due Process
Depending on the policies under which it is used and the nation in which it is used, preventive detention may impact crime control and the right to a fair trial. Preventive detention has some disadvantages and risks, even though it could theoretically make the crime committed less severe (Zijl-Smit & DĂĽnkel, 2021). As a result, deciding to implement such policies should be done with caution, considering their possible effects on crime control and due process.
Additionally, the aforementioned civil rights may be violated if preventive detention is used without the proper legal protections. In turn, the likelihood that criminal activity will be reported or that people will have faith in those who uphold the law may decrease due to the public losing trust in the criminal justice system (Clear et al., 2021). Furthermore, such policies might result in more innocent people being detained, directly conflicting with the objective of crime control.
Conclusion
Finally, preventive detention has the potential to be an effective tool in the fight against crime. It must be used cautiously, considering the potential effects on due process, criminal justice system principles, and civil liberties; assume the necessary legal safeguards are in place. In that case, it can still be advantageous for law enforcement to be able to take swift action against potential offenders before they can carry out their criminal intentions. Nevertheless, if there are not enough safeguards, it might undermine public trust and lead to more erroneous convictions. Therefore, it is crucial that decision-makers carefully consider the benefits and drawbacks of preventive detention and employ it sparingly while maintaining the highest level of respect for civil liberties.
References
Clear, T. R., Cole, G. F., & Michael Dean Reisig. (2021). American corrections (13th ed.). South-Western.
Javdani, S. (2019). Policing education: An empirical review of the challenges and impact of the work of school police officers. American Journal of Community Psychology, 63(3-4), 253–269. Web.
Zijl-Smit, D. van, & Dünkel, F. (2021). Imprisonment today and tomorrow: International perspectives on prisoners’ rights and prison conditions (2nd ed.). In Google Books. BRILL. Web.