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Kenneth Ellman on Preventive Detention Article from The Record, New Jersey

From Kenneth Ellman,, Phone:9738968284

The Article from “The Record” appears below. I wrote this article years ago, when the State of New Jersey was actively debating Preventive Detention under the guise of “Mental Health”. This discussion comes up all the time that persons convicted of horrendous crimes should not be released even after their Penal Sentence has been fully completed. It was always incomprehensible to me how we did not realize the extraordinary danger in imprisoning any of our citizens without the accusation and conviction of a criminal offense. There is a reason why we have Criminal Procedure and reason why our Constitution demands “beyond a reasonable doubt”. Even with the vast process that does create a framework to prevent the imprisonment of the innocent, we still all know that those who are not guilty of the offence charged, have and continue to be convicted and sentenced to prison. And the all too little discussed aspect of this tragedy of the innocently imprisoned is the horrendous disaster that we have many criminals who are not convicted and are free to commit further attacks upon our civilization.

I still believe that Preventive Detention is not the answer. The answer is to apprehend and convict the guilty and to sentence them according to the depth of the criminal offense. And Yes, under the proper circumstances with the proper safeguards to protect the integrity of the conviction, the death penalty should also be considered. The outcry in allowing such criminal their freedom is the error in having a sentencing that simply does not fit the crime. SO, I still have no doubt that Preventative Detention is not the answer and we have the ability to make the sentence fit the crime without this derogation of our safeguards for our citizens.

For further information contact: Kenneth Ellman,, Phone:9738968284

Box 18, Newton, New Jersey 07860




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