Preventive Detention

West's Encyclopedia of American LawPo–San (2005)

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Preventive Detention

The confinement in a secure facility of a person who has not been found guilty of a crime.

Preventive detention is a special form of imprisonment. Most persons held in preventive detention are criminal defendants, but state and federal laws also authorize the preventive detention of persons who have not been accused of crimes, such as certain mentally ill persons.

Preventive detention is a relatively recent phenomenon. Before the 1970s the general practice in criminal courts was to set bail for ...

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