The Principles of Anthropology And Sociology in Their Relations to Criminal Proc

Cover The Principles of Anthropology And Sociology in Their Relations to Criminal Proc
The Principles of Anthropology And Sociology in Their Relations to Criminal Proc
Parmelee, Maurice, 1882-1969
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It is, however, a serious encroach- . Ment on the liberty of the individual, for the prisoner has not been found guilty as yet and is 1 6 241 I CRIMINAL PROCEDURE presumably innocent. Therefore this period of de- tention is not punishment. If the prisoner is found guilty it is usually transformed into punishment and deducted from the length of imprisonment. If, however, he is acquitted he will, notwithstanding his innocence, have suffered this period of impris- onment. In order to repair in som...e measure the injury done by this imprisonment, indemnity is some- times given. The principle of indemnification for preventive detention endured by innocent persons was suggested by Frederick the Great in 1776 but was not then put into effect. Imperfect legislation applying this principle has been passed in some of the Swiss cantons, in Sweden, Norway, Hungary and Denmark. Laws were passed in Germany in 1898 and 1904 which were based on the following principles : 1. Indemnity is given as a legal right.

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