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Preventive Law in Action: the Pretrial Services System of the Criminal Procedure in the United States

Author: ChenXiaoHu
Tutor: YeQing
School: East China University of Political Science
Course: Procedural Law
Keywords: Pre - trial Services Pretrial release Pre-trial detention Law in action Technology Preventive thinking
CLC: DD915.3
Type: Master's thesis
Year: 2010
Downloads: 139
Quote: 0
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Abstract


If the Code of Criminal Procedure Constitution Seismic criminal coercive measures in relation to be called a touchstone, pretrial release or pre-trial detention should be centralized. But this thesis, the existing research vision multi-Yoga in the text of the law while ignoring the \match widely practice run pretrial services system. Pretrial services system in the United States Criminal pre-trial proceedings, the subject of pre-trial service agencies exercisable by the prosecution of persons on bail comprehensive and accurate background information and data collected in the survey based on the principles of objective and neutral, and the corresponding risk assessment dynamic follow-up and suggested the formation of pre-trial services report made on this basis, the timely submission of the report to the judges, made by a judge pretrial release or pretrial detention decision, and the deliverer and detainees pretrial release supervision and according to the corresponding changes to make the appropriate adjustments in order to reduce unnecessary pre-trial detention, reducing the purpose of the deliverer of re-offending and the escape rate and reduce the reliance on property bail way ensure safe release pre-trial detention was justified. Pretrial services system, once drifted away from our view, there is no systematic study of the object, there is no way to talk about further evaluation, revelation, and on this basis Mirroring. It is precisely because we have not noticed the practice run wide legal system to the neglect of the \, also self-built narrow knowledge boundary marker and, thus, can not provide adequate intellectual support for the improvement of relevant legislation and practice. In this paper, Primal pretrial services system, made a general description of the basic content of the theoretical basis and the value of the kernel, the development of the status quo with the introduction, on this basis, of the \\risk governance dimension of revelation, and revelation of China's Criminal pre-trial release of pre-trial custody Coercive Measures care improvement. Throughout its entirety integrated use of value analysis, comparative analysis of law, law and sociology methods, careful argumentation. The intention of the paper is to be released on pre-trial in the Criminal Procedure and the improvement of the status of pre-trial detention expand the horizon for pretrial release and pretrial detention may complete cognitive model; pretrial services based on the U.S. system of related revelation, especially preventive thinking revelation of the risk management system Mirroring a clear criminal proceedings is a country with a sophisticated institutional support system, mature and comprehensive criminal justice system has a fine structure and system level, one system or procedure dismantling alone, is likely to cause tension inherent structural alienation or simply can not practice; can not be confined to the judicial control of the procedural way of thinking, there must be prevention under the balance and balance the concept of prevention and institutional arrangements to implement the ideas, systems, parallel logic, to try to achieve pre-trial release and pre-trial detention in freedom and security, human rights protection and crime control, take full account of the exercise of power and the realization of rights between under the pre-trial justice.

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