State Constitutions and the Humane Treatment of Arrestees and Pretrial Detainees
19 Berk. J. Crim. L. 1 (2014)
73 Pages Posted: 21 Jan 2015
Date Written: August 2013
With the United States Supreme Court’s repeated moves to roll back federal constitutional protections for people arrested or in jail, the time has come to reconsider the potential of state constitutions to promote protection of civil liberties of these groups. This Article explores the oft-overlooked world of state constitutional protections for arrestees and pretrial detainees, with a focus on provisions guaranteeing humane treatment, and evaluates strategies for encouraging interpretation of and, ultimately, compliance with these constitutional guarantees.
Keywords: state constitutions, pretrial detention, arrest, jail, prison, human rights, humane treatment
Suggested Citation: Suggested Citation