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- Title
The Unconstitutionality of "Hold Until Cleared": Reexamining Material Witness Detentions in the Wake of the September 11th Dragnet.
- Authors
Bascuas, Ricardo J.
- Abstract
The article presents a discussion on an assumption that witnesses can be held in prison without provision of bail they can meet. It concludes that the assumption has no legal foundation. Rather it is based on an exposition of historical practice and of the Constitution's text that is inwardly and demonstrably flawed. Nonetheless, it has provided the U.S. Department of Justice with a means of imprisoning people it deems suspicious as material witnesses while it investigates their supposed terrorist ties.
- Subjects
UNITED States; WITNESSES; EYEWITNESS identification; LEGAL evidence; TERRORISTS; UNITED States. Dept. of Justice
- Publication
Vanderbilt Law Review, 2005, Vol 58, Issue 3, p677
- ISSN
0042-2533
- Publication type
Article