Prolonged Pretrial Detention Violates Fourteenth Amendment

[摘要] Detainment in Jail Awaiting Competency Restoration Treatment Past Seven Days Violates Substantive Due Process RightsIn State v. Hand, 429 P.3d 502 (Wash. 2018), the Supreme Court of Washington considered whether an individual's substantive due process rights under the Fourteenth Amendment were violated as the result of a prolonged period of detainment while awaiting competency restoration treatment. They also addressed whether such a violation would warrant the dismissal of the individual's charges with prejudice. The court ruled that the individual's substantive due process rights were violated. The court further held that dismissal with prejudice was not an appropriate remedy for such a violation based on the facts of the case.

[学科分类] 儿科学