Pretrial detention

Pretrial detention is the jailing of a defendant pending trial, usually because he is deemed dangerous or a flight risk.

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Murray Rothbard writes, "The policeman who apprehends a criminal and arrests him, and the judicial and penal authorities who incarcerate him before trial and conviction — all should be subject to the universal law. In short, if they have committed an error and the defendant turns out to be innocent, then these authorities should be subjected to the same penalties as anyone else who kidnaps and incarcerates an innocent man. Immunity in pursuit of their trade should no more serve as an excuse than Lieutenant Calley was excused for committing atrocities at My Lai in the course of the Vietnam war." Even those who are granted pretrial release are sometimes subject to onerous restrictions on their liberty, such as curfews and firearm prohibitions.

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