Out on Bail - Crime File Series Study Guide

The dominant approach until the mid-1960's was to rely on money bail to ensure appearance at trial. This strategy was then attacked because it discriminated against the poor and minorities. Consequently, a variety of pretrial release provisions have been adopted by jurisdictions. By 1970, however, concern about crimes committed by pretrial releasees led to laws that incorporated consideration of dangerousness into pretrial release decisions. Decisions to alter current policies on bail and pretrial detention must consider facts about who is detained, the conduct of those released, and patterns of bail decisionmaking. Current issues in bail policy include the crowding of detention facilities and the validity and appropriateness of including behavioral predictions in bail decisionmaking. The 1984 Federal Bail Reform Act authorized pretrial release orders that prohibit both failure to appear at trial and the commission of a crime while released. Rearrest with probable cause permits release revocation for the pending case. 10 references.