Final answer:
Preventative detention is considered unfair by some because it contravenes the due process principle by potentially punishing individuals before a fair trial. The due process ensures various rights that safeguard against arbitrary detention and punishment, but instances like the detention of terrorism suspects in Guantanamo Bay have sparked debates on these protections.
Step-by-step explanation:
Understanding Preventative Detention and Due Process
Some people believe that preventative detention is unfair because it involves punishing individuals before they have been found guilty in a trial. This is viewed as a violation of the principle of due process, a cornerstone of the legal system which guarantees fair treatment through the normal judicial system, especially as a citizen's entitlement. When the government accuses a person of a crime, documents like the Universal Declaration of Human Rights and national constitutions ensure that fair due process is followed before any liberties are curtailed.
Due process includes various safeguards such as the right to a speedy and public trial, legal representation, being informed of the charges against oneself, and bail set according to the severity of the crime and the likelihood of the accused fleeing. These measures aim to protect individuals from indefinite detention or arbitrary punishment. The Fifth Amendment and other parts of the U.S. Constitution, as well as international human rights provisions, reinforce these protections.
However, situations such as the use of Guantanamo Bay for holding terrorism suspects have raised controversial discussions about the limits of these rights, especially considering President George W. Bush's stance that terrorism subjects could be held indefinitely without trial, challenging the traditional views of habeas corpus.