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The Singapore Government itself has regularly raised the need to prevent national security threats from materializing as a justification for preventive detention.
The rules, which only apply in Fata, allow for preventive detention of up to three years.
Critics of the law call it an Orwellian scheme that invokes treatment as a pretense for preventive detention and often sweeps in the wrong people.
The Bush administration should propose and Congress should pass legislation allowing for preventive detention in future terrorism cases like that of Mr. Padilla.
The sexual predator is characterized by his qualities perhaps more than his actions hence the need for preventive detention and sex-offender registries.
Critics say the Bush administration radically reinterpreted the law after the Sept. 11 attacks, using it as a tool for preventive detention.
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"Neither do we consider terrorism or other special circumstances," he wrote, "where special arguments might be made for forms of preventive detention and for heightened deference to the judgments of the political branches with respect to matters of national security".
Chief Judge Jonathan Lippman's harsh critique of New York State's bail process is completely on point; it has functioned as a system of preventive detention for poor people for decades or longer.
Indeed, a well-informed analyst with close ties to the White House says that the C.I.A. has been lobbying hard to get Obama to support some form of preventive detention for terror suspects.
The notion that prisoners can be "too dangerous to release but not guilty enough to prosecute" is another hallmark of the Bush administration's disdain for the law, but this, too, has been embraced by enthusiasts for a new policy of "preventive detention".
For years, the police have been complaining that they can do little to control hooligans when no form of preventive detention is available for anyone under 16 other than for the most serious crimes (murder, rape, armed robbery).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com