Examining Custody Assessment Criteria: A Comparative Analysis of U.S. & Kuwaiti Legal Systems

Meshari Kh. Aleifan1 & Mohammed Nasser Al Temeemi2

https://doi.org/10.62271/pjc.16.1.59.74

Abstract
This research paper conducts a thorough comparative analysis of custody assessment criteria employed in the legal systems of the United States and Kuwait. The freedom of the accused during the pre-trial investigation stage is one of the most important issues related to human rights and freedoms. The study adopted the analytical method of legal texts, judicial rulings, and jurisprudential opinions between two systems belonging to different legal families, namely the system in the United States of America and the system in the State of Kuwait. The study
showed that the legal system in the United States of America addresses the factors that play a role in determining the decision to detain the accused during the pretrial investigation stage in a better and more in-depth manner than the treatment adopted by the Kuwaiti legislators. The study also indicated that the American legislative treatment is preferable to a procedural reason related to the American system. Finally, this study recommended the need to reorganize the issue in Kuwaiti law by adopting many humanitarian aspects related to the accused in the issue of the decision to release or detain the accused during the pre-trial
investigation stage.

Keywords: Likelihood of appearance, Seriousness of the offense, Nature of the offense, Release, and Custody.