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Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest.
Florida v. Jardines, 569 U.S. 1 (2013), was a United States Supreme Court case which resulted in the decision that police use of a trained detection dog to sniff for narcotics on the front porch of a private home is a "search" within the meaning of the Fourth Amendment to the United States Constitution, and therefore, without consent, requires both probable cause and a search warrant.
Hamdi v. Rumsfeld, 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.
Prosecutors are pushing to reduce requirements for pretrial detention. Defense attorneys say it could force more people into already overcrowded jails. Florida bill would allow judges to more ...
The state secrets privilege is related to, but distinct from, several other legal doctrines: the principle of non-justiciability in certain cases involving state secrets (the so-called "Totten Rule"); [6] certain prohibitions on the publication of classified information (as in New York Times Co. v. United States, the Pentagon Papers case); and the use of classified information in criminal ...
Bell v. Wolfish, 441 U.S. 520 (1979), is a case in which the United States Supreme Court addressed the constitutionality of various conditions of confinement of inmates held in federal short-term detention facilities. [1]
The use of pretrial detention at the federal level has risen from roughly 26% of defendants before 1984 (when the Bail Reform Act was passed) to 59% as of 2017 (excluding immigration cases). [22] Detention rates are even higher in immigration cases. [23]
O'Connor v. Donaldson, 422 U.S. 563 (1975), was a landmark decision of the US Supreme Court in mental health law ruling that a state cannot constitutionally confine a non-dangerous individual who is capable of surviving safely in freedom by themselves or with the help of willing and responsible family members or friends.