The Punitive Nature of Pre‐Trial Detention: Perspectives of Detainees in Hong Kong
Publication in refereed journal

香港中文大學研究人員
替代計量分析
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其它資訊
摘要Pre‐trial detention plays an important, and often contentious, role in the criminal justice process. Legal theorists have gone to great lengths to distinguish between preventive detention and punishment with respect to pre‐trial detention, as it would violate the principle of retribution and the presumption of innocence if yet‐to‐be convicted defendants were subjected to punishment. Nonetheless, the experiences of detainees remains an understudied area. The purpose of this article is not to dispute whether pre‐trial detention is, or can be justified as, a form of punishment, but it is to show that pre‐trial detention, at least in the minds of detained defendants, is punitive. Drawing on interviews with a sample of previously‐detained defendants in Hong Kong, it is found that they experience censure (stigma) and hard treatment during their time in pre‐trial detention. Implications and recommendations are discussed.
著者KEVIN KWOK‐YIN CHENG, BECKY PO‐YEE LEUNG
期刊名稱The Howard Journal of Crime and Justice
出版年份2019
月份6
卷號58
期次2
出版社Wiley
頁次143 - 160
國際標準期刊號2059-1098
語言英式英語

上次更新時間 2020-10-08 於 03:19