NCJ Number
155897
Date Published
1994
Length
47 pages
Annotation
This presentation of the history, issues, and analysis of pretrial release and detention in Minnesota addresses some of the critical issues related to the authorization of preventive detention and discusses the potential effects of its use in the State.
Abstract
Minnesota's Constitution gives individuals accused of criminal offenses, other than capital offenses, the right to release on bail pending trial; and it prohibits setting bail in excess of the amount required to ensure the defendant's appearance at trial. These constitutional provisions place limits on pretrial release and detention policies in Minnesota and effectively prohibit the use of preventive detention, even of assumedly dangerous persons. Increasing public concern about violent crime has prompted some Minnesotans to question these constitutional provisions. This report identifies the current alternatives for pretrial decisionmaking and discusses patterns of pretrial misconduct among releasees. It then considers whether preventive detention reduces pretrial misconduct and the extent to which sub rosa detention occurs (ensuring detention by setting an extremely high bail). Other issues discussed are whether preventive detention violates the U.S. Constitution, the accuracy of predictions of dangerousness and flight risk, racial discrimination in the application of preventive detention, and how preventive detention might affect Minnesota's jails. In discussing the latter issue, the report estimates a 17-percent increase in the number of pretrial detainees within 1 year of implementing preventive detention and additional increases in subsequent years. A constitutional amendment would be required to permit State courts to order preventive detention for defendants believed to be too dangerous to release. This report concludes that public support for greater use of preventive detention appears to be increasing in Minnesota and across the Nation. 86 notes