A federal appeals court in New York ruled last July that their detention under the Bail Reform Act of 1984 was unconstitutional because it was “repugnant to the concept of substantive due process, which we believe prohibits the total deprivation of liberty” in order to prevent future crimes.

The main purpose of preventive detention is to protect society. The Federal Bail Reform Act was created to provide those with less financial resources the opportunity to be free before they faced trial.

Definition – Subclause (1) of Article 22 says that “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.”

In the event of arrest and detention, the arrested person is given various safeguards mentioned under Article 22(1) and (2) of the Constitution, but in compliance with the law of preventive detention under Article 22(3), such protections are not extended to the arrested detention.

In its 1987 Salerno decision the US Supreme Court upheld the constitutionality of the federal Bail Reform Act of 1984 and for the first time expressly authorized the judicial use of explicit preventive detention criteria to achieve the detention of arrested persons determined to constitute an undue risk to public …

Preventive imprisonment is imposed upon a person before he/she is convicted, if he/ she cannot afford bail, or if his/her criminal case is non-bailable. Additionally, there are instances where preventive imprisonment is imposed upon the offender for a period more than that of the maximum allowable for his/her offense.

Republic Act 10592 was enacted in 2013, amending RA 3815 or the Revised Penal Code (RPC). The law increased the GCTA of prisoners to be credited in the service of their sentence. Last June, the Supreme Court (SC) ruled that the law should apply retroactively.

Background. The Good Conduct Time Allowance bill, also known as Republic Act No. 10592, was approved by the Congress and was signed by then-President Benigno Aquino III on May 29, 2013.

Special time allowance for Loyalty A deduction of one fifth of the period of his sentence shall be granted to any prisoner who having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours …

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment.

Accessory penalties that are listed in the RPC are perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, suspension from public office, the right to vote and be voted for, the profession or calling, civil interdiction, indemnification, forfeiture or confiscation of …

Any person or persons who shall commit estafa or other forms of swindling as defined in Article 315 and 316 of the Revised Penal Code, as amended, shall be punished by life imprisonment to death if the swindling (estafa) is committed by a syndicate consisting of five or more persons formed with the intention of …

Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month and one day to six months. Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty days. Bond to keep the peace.

Arson is a crime of willfully and maliciously setting fire to or charring property. Though the act typically involves buildings, the term arson can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests.

Arson charges can lead to lengthy prison sentences, especially where there is significant damage or someone’s life or well-being was threatened. In the most egregious felony cases where someone starts a fire with the intent to harm or kill someone else, an arson conviction can bring a life sentence.

Oxygen, heat, and fuel are frequently referred to as the “fire triangle.” Add in the fourth element, the chemical reaction, and you actually have a fire “tetrahedron.” The important thing to remember is: take any of these four things away, and you will not have a fire or the fire will be extinguished.

A class C fire is one in which an energized electrical element is the cause of the fire. “Energized” means that the electrical component (whether electrical appliance, wiring, device, etc.) is connected to a power source.

Despite popular opinion, oxygen is not flammable. A flammable substance is one that burns. Though oxygen does not burn, it is an oxidizer, which means it supports the process of combustion. So if you already have a fuel and a fire, adding oxygen will feed the flames.

In order for a fire to start there must be a material to burn – and this is referred to as the fuel. Fuel is any kind of combustible material, including paper, oils, wood, gases, fabrics, liquids, plastics and rubber.