Arrested Risk Assessment Mechanism Research

The higher detention rate is our present criminal and judicial phenomenon, and theunimprisonment of imperative measures and the ease of criminal punishment are the rule of lawdevelopment direction of present world. On apply of how to limit and reduce prison, oneviewpoint exists in judicial practice-advocates building unimprisonment risk assessment system,which makes risk assessments to the criminals and defendants. This viewpoint is evident under theeffect of presumption of guilt, and based on the standpoint of attack crime, which thinks that theunimprisonment can lead the escape of criminals, and this goes against the principle ofpresumption of innocence and human rights safeguard. Instead of building an Unimprisonmentrisk assessment system, the author thinks that we should realize that the detention measures haveimproper risks, and construct detention risk assessment, from the standpoint of protecting humanrights. In other words, we should make risk assessments according to the condition of the casesand the condition of the criminals and defendants, and determine to apply the imperative measuresto reduce detention and save judicial resources, according to the result of the assessment.