This week, you are going to evaluate one specific aspect related to crime and mental illness – preventive detention. Preventive detention is the temporary incarceration of an individual who has not yet been convicted of a criminal offense. The U.S. Supreme Court has reviewed numerous cases dealing with preventive detention. The landmark case is United States v. Salerno, 481 U.S. 739 (1987). Two cases specifically dealt with the preventive detention of individuals classified with a mental issue: Foucha v. Louisiana, 504 U.S. 71 (1992) involved not guilty by reason of insanity and Kansas v. Hendricks, 521 U.S. 346 (1997) involved the “mental abnormality” of pedophilia.
In a minimum of 500 words, you are to review and summarize the Salerno case, then summarize and compare Foucha and Hendricks in light of the Court’s decision in Salerno. In the summary, provide the details of each case and the Court’s decision in each case. Also, include your assessment of the Court’s ruling and explain whether you agree or disagree with each case.
