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Paper Topic:

Why is pretrial detention permitted in the United States when there is supposed to be a presumption of innocence?

Running head : Pre-trial Detention

Essay on the Pre-trial Detention Case of the United States

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Why is pretrial detention permitted in the United States when there is supposed to be a presumption of innocence

Every accused is considered innocent until the contrary is proven or until they enter a guilty plea . The presumption of innocence is the right accorded to accused that has not been rendered guilty beyond reasonable doubt . Otherwise , the presence of doubt will render the accused acquitted from the crime committed

. However , the justice system in the United States permits pretrial detention when there is suppose to be a presumption of innocence . Pretrial detention is permitted in the United States because of a national emergency that prompts leaders to use it in seizing suspected terrorists during the tragic event of September 11 .The Bush Administration issued a military authorizing the military commissions to try non-US citizens , who are suspected members of the Al Qaida . The military aroused the controversy as a violation of freedom by an accused who has not been charged yet of the crime committed

Furthermore , under the US law , the United States explained that the pre-trail detention is permitted because it served as a declaration of national emergency both in times of war and in times of peace . The United States is allowed to issue Executive s and implement special legal authorities without the approval from the ICCPR (International Covenant on Civil and Political Rights ) due to the September 11 attack which needs an immediate response to the call of justice among those who suffered most . This result to the rising number of allegation where the US is said to have violated the protection and preservation of human right on the presumption of innocence accorded to suspected criminals especially the non-citizens during the September 11 attack but the US did not acknowledge such allegation References

Stimmel , Stimmel Smith ,

.C (2002 . Bail : Pretrial Release . The American System Of Criminal ,

.304

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