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Obama detention plan tests U. There are, to be sure, already some legal tools that allow for the detention of those who pose danger: quarantine laws as well as court precedents permitting the confinement of sexual predators and the dangerous mentally ill. Every day in America, people are denied bail and locked up because they are found to be a hazard to their communities, though they have yet to be anchorage girls snapchat of anything.
Still, the concept of preventive detention is at the very boundary of American law, and legal experts say any new plan for the imprisonment of terrorism suspects without trial would seem inevitably bound for the Supreme Court. Obama has so far provided few details of his proposed system beyond saying it would be subject to oversight by Congress and the courts.
Whether it would be constitutional, several of the legal experts said in interviews, would most likely depend on the fairness of any such review procedures. Is this what America does? Ultimately, they suggested, the question of constitutionality would involve a national look in the mirror: Is this what America does? Dorf, a constitutional law professor at Cornell.
Obama, emphasizing that he wanted fair procedures, sought to distance himself texf what critics of the Bush administration saw as its system of arbitrary detention. Obama said, "prolonged detention should not be the decision of any one man.
Defense Secretary suggested this month that as many as detainees might be held in the United States under such a system. Obama chose to call his proposal "prolonged detention," which made it sound more reassuring than some of its more familiar names.
In some countries, it is called "administrative detention," a deation with a slightly totalitarian ring. Sobering difficulties of closing Guantanamo Mr. The prolonged detention option is necessary, he said, because there may be some detainees who cannot be tried but who pose a security threat. He listed yext examples detainees who received extensive explosives training fromhave sworn allegiance to or have otherwise made it clear that they want to kill Americans.
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Other countries, including Rree and India, have had laws allowing indefinite detention of terrorism suspects, said Monica Hakimi, an assistant professor of law at the who has written about the subject. But, she said, few provide for essentially unending detention, and several European countries have restricted preventive detention to days or weeks.
Obama as well, have etxt said they are skeptical that there are detainees who are a demonstrable risk to the country but against whom the government can make no criminal case. And among them, the proponents say, are some who cannot be tried, in part for lack of evidence or because of tainted evidence.
Benjamin Wittes, a senior fellow at thesaid Mr. But that was before he and his advisers had access to detailed information on the detainees, said Mr.
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Wittes, who in a book last year argued for an indefinite detention system. They say Mr. Obama has not made the case persuasively that there is a worrisome category of detainees who are too dangerous to release but who cannot be convicted.
The reason to have a criminal justice system at all, they say, is to trust it to decide who is guilty and who is not. By William Glaberson.