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The purpose of this article is to share one American prosecutors perspective on how American law addresses the question of pre-trial detention.This article is not in tended to persuade China to adopt America’s system but rather to share America’s experience and offer it as one model upon which Chinese colleagues may choose to reflect as they consider changes to China’s own pre-trial detention regime.
What should happen to a person during the period of time he is under suspicionof having committed a crime arid the time he is actually found guilty or innocent of anoffense? This time period can be as short as one month and as long as a year or morein a complicated case. From a perspective of fairness and civil rights, the suspect ispresumed innocent and the state has no right to deprive him of liberty until he hasbeen lawfully convicted of an offense. Should all suspects be free unless and untilthey are found guilty?