PREPARED STATEMENT OF WILLIAM F MCDONALD ON FEBRUARY 6, 1978 CONCERNING HR 7747 (FROM PRETRIAL RELEASE AND DETENTION, P 248-254, 1978 - SEE NCJ-66651)

• NCJ Number: 66660
• Author(s): W F MCDONALD
• Date Published: 1978
• Length: 7 pages
• Sale Source: National Institute of Justice/
• Publication Type: Legislative/Regulatory Material
• Language: English
• Country: United States of America

Annotation

A PROFESSOR OF SOCIOLOGY AND RESEARCH DIRECTOR OF THE INSTITUTE OF CRIMINAL LAW AND PROCEDURE AT GEORGETOWN UNIVERSITY DISCUSSES PREVENTIVE DETENTION.

Abstract

THE PREPARED STATEMENT WAS SUBMITTED TO THE SUBCOMMITTEE ON GOVERNMENTAL EFFICIENCY AND THE DISTRICT OF COLUMBIA OF THE SENATE COMMITTEE ON GOVERNMENTAL AFFAIRS CONCERNING H.R. 7747, AN ACT TO AMEND TITLE 23 OF THE DISTRICT OF COLUMBIA CODE WITH RESPECT TO PRETRIAL RELEASE OR DETENTION OF PERSONS CHARGED WITH CERTAIN VIOLENT OR DANGEROUS CRIMES, THE CRIMINOLOGIST ARGUED THAT THE PREVENTIVE DETENTION LAW OF THE DISTRICT OF COLUMBIA HAD BEEN A FAILURE AS A MEANS OF PROTECTING THE CITIZENRY AGAINST CRIMES COMMITTED BY PERSONS ON PRETRIAL RELEASE. HE BLAMED THIS FAILURE ON THE INABILITY OF THE U.S. ATTORNEY'S OFFICE TO COMPREHEND THE COMPLEX PROCEDURES INVOLVED IN INITIATING PRETRIAL DETENTION HEARINGS. TO CIRCUMVENT THE LENGTHY PREVENTIVE DETENTION HEARING, THE PROSECUTOR OFTEN FOUND IT MUCH EASIER TO REQUEST A HIGH MONEY BOND. THE WITNESS ALSO NOTED THAT THE AMENDMENTS EMBODIED IN H.R. 7747 (E.G., ALLOWING JUDGES TO INITATE PREVENTIVE DETENTION HEARINGS AND EXPANDING THE PREVENTIVE DETENTION PERIOD FROM 60 TO 90 DAYS) WOULD NOT END THE PRACTICE OF SUBSTITUTING HIGH MONEY BONDS FOR THE PREVENTIVE DETENTION PROCEDURES ALREADY COVERED BY THE EXISTING DISTRICT OF COLUMBIA LEGISLATION.