Edward J. Shaughnessy has written:

'Bail and preventive detention in New York' -- subject(s): Bail, Preventive detention

In re kemmlr

Preventative detention is unfair because people are punished for a crime before they have a fair trial.

Though it is not mentioned in the Constitution, the Supreme Court has upheld the legality of preventive detention, in which someone who is likely to commit a crime if released can be kept incarcerated. Preventive detention is usually reserved for felons accused or convicted of child molestation and similar charges.

The Supreme Court has upheld preventive detention as a way to protect public safety by allowing the temporary detention of individuals who pose a threat before they have committed a crime. This can be justified in cases where there is strong evidence of the individual's intent to commit a serious offense or when there is a risk of harm to others.