Pre-crime is dystopian science fiction. No one should be imprisoned for imaginary future crimes. But right now, Minnesota is warehousing 731 individuals in a prison masquerading as a treatment facility — for what they might do in the future.
Hopelessness pervades this system, where men are detained indefinitely, outside the traditional protections of the criminal law, with little prospect of release. Legal scholars have likened Minnesota’s system of pre-crime preventative detention to a “domestic Guantanamo Bay.” The British High Court has called it a “flagrant denial” of human rights. These shadow prisoners are 8 times more likely to leave in a body bag than to ever be set free.
The price tag to taxpayers is $110 million per year. The cost in terms of human lives is unspeakably tragic. And the threat to American values of liberty and due process is real.
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