JAIL BEFORE JUDGMENT: A PSYCHOLOGICAL AND HUMAN RIGHTS ANALYSIS OF NON-BAILABLE OFFENCES AND PRE-TRIAL DETENTION

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Authors: PHILIP N O
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Abstract

This book presents a rigorous psychological, constitutional, and human rights–based analysis of pre-trial detention under non-bailable offence regimes. It examines how routine denial of bail and prolonged pre-trial incarceration function as punishment imposed prior to conviction, producing severe psychological harm, dignity erosion, and systemic injustice. Drawing from criminal psychology, constitutional law, human rights frameworks, and behavioural science, the work analyses pre-trial detention as a structural practice that undermines the presumption of innocence and enables deprivation of liberty without adjudication. The psychological consequences of detention—including acute stress, trauma responses, anxiety disorders, identity erosion, and long-term mental harm—are examined for accused persons and their families. The book further analyses the executive–judicial interface in remand practices, the role of non-bailable classifications in facilitating detention, and the social, economic, and intergenerational consequences of incarceration before judgment. Alternatives to jail-based pre-trial detention, including regulated police custody, house arrest, and court-attached remand facilities, are examined as constitutionally and psychologically proportionate measures. This publication is a conceptual and theoretical scholarly work intended strictly for academic, educational, and research purposes. It does not provide legal advice, professional counselling, medical or psychiatric diagnosis, or therapeutic intervention. The work does not question, undermine, or oppose constitutional authority, the judiciary, law-enforcement agencies, or the rule of law. The book contributes to criminal psychology, criminology, constitutional law, human rights studies, and justice system research by offering a structured, non-ideological framework for understanding pre-trial detention as a preventable source of psychological harm and human rights violation.

Fields of Study & Subjects

Criminal Justice and Corrections Analysis Alexander von Humboldt Studies Mathematical and Computational Methods

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
9 January 2026
Language
EN
Document type
Book