A State may operate on the basis of the rule of law or the rule of might. Where the state operates on the basis of the rule of law there could be no detention without trial. In such a state the law enforcement agents would be independent and impartial and would not be influenced or ordered to do anything that is against the law. They would see themselves as part and parcel of the community and would earn respect by showing exemplary fairness and justness.
On the other hand, in a state ruled by might, impunity and arbitrariness must become the order of the day. Law enforcement agents become hostages who wait for orders to arrest and release detainees, torture or treat them more humanely based on the whims and caprices of rulers.
Hence citizens should always know that the type of government they elect would determine whether they would live under the rule of law or the rule of might.