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State Constitutional Provisions on Pre-Trial Release

NCJ Number
80912
Author(s)
R Sklansky
Date Published
1980
Length
6 pages
Annotation
This information memorandum discusses and describes State constitutional provisions regarding pretrial release of criminal defendants.
Abstract
The information is provided in connection with the responsibility of the Wisconsin Special Committee on Constitutional Bail Revision, which was charged in January 1980 with considering amendments to the State constitution articles relating to denial of bail for a limited period to accused persons in exceptional felony cases. The constitutional system of bail presented in the Wisconsin constitution is typical of the vast majority of the remaining States. Language apparently providing for a right to bail except in capital cases is found in the constitutions of 31 States. Five States having constitutional provisions regarding pretrial release on bail that deviate from the norm are Arizona, Michigan, Nebraska, Texas, and Utah. A chart presenting the same information is attached to the brief prose summary of State constitutional provisions.

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