PREPARED STATEMENT OF EARL J SILBERT ON JANUARY 31, 1978 CONCERNING HR 7747 (FROM PRETRIAL RELEASE AND DETENTION, P 23-39, 1978 - SEE NCJ-66651)

• NCJ Number: 66652
• Author(s): E J SILBERT
• Date Published: 1978
• Length: 18 pages
• Publication Format: Document
• Publication Type: Legislative/Regulatory Material
• Language: English
• Country: United States of America

Annotation

THE U.S. ATTORNEY FOR THE DISTRICT OF COLUMBIA PRESENTED A PREPARED STATEMENT AT THE CONGRESSIONAL HEARINGS ON H.R. 7747 (AMENDING THE DISTRICT OF COLUMBIA BAIL REFORM ACT) SUPPORTING THE AMENDMENTS INVOLVED.

Abstract

THIS STATEMENT CALLED ATTENTION TO THE EXTREME SERIOUSNESS OF THE PROBLEM OF CAREER CRIMINALS AND TO A PROGRAM CALLED 'CAREER CRIMINAL UNIT,' AIMED AT STOPPING THE REVOLVING-DOOR POLICY OF ARREST-RELEASE, CONVICTION-RELEASE, AND REARREST RELEASE OF DANGEROUS REPEAT OFFENDERS. THE SUCCESS OF THIS PROGRAM INDICATED THE NECESSITY OF PRETRIAL DETENTION OF VIOLENT OFFENDERS, WITH RECORDS OF PRIOR CONVICTIONS FOR SERIOUS CRIMES AND STRONG EVIDENCE POINTING TO THEIR GUILT IN THE CRIME FOR WHICH THEY HAD BEEN ARRESTED. THE CRIMES OF MURDER IN THE FIRST DEGREE AND FORCIBLE RAPE, WHICH WERE CAPITAL OFFENSES IN THE DISTRICT OF COLUMBIA PRIOR TO REPEAL OF THE DEATH PENALTY, ALSO USED TO INVOLVE MANDATORY PRETRIAL DETENTION. CITING TWO CASES OF MURDER, ONE OF WHICH INVOLVED RELEASE OF THE SUSPECT ON BAIL AND THE OTHER WHICH DID NOT SINCE THE DEFENDANT COULD NOT AFFORD BAIL, THE STATEMENT URGED SUPPORT OF THE AMENDMENT SPECIFICALLY INCLUDING FIRST-DEGREE MURDER AND FORCIBLE RAPE IN THE CAPITAL OFFENSE PROVISION OF THE BAIL LAW. IT DETAILED THE REASONS WHY EACH PROVISION OF THE HOUSE RESOLUTION WAS TO BE SUPPORTED.