NCJ Number
5359
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 62 Issue: 2 Dated: (JUNE 1971) Pages: 194-204
Date Published
1971
Length
11 pages
Annotation
ANALYSIS OF THE FEDERAL BAIL REFORM ACT PROVISION ALLOWING JUDGES TO DENY BAIL TO DANGEROUS OFFENDERS.
Abstract
PRETRIAL DETENTION DOES NOT VIOLATE THE EIGHTH AMENDMENT PROTECTION AGAINST EXCESSIVE BAIL AS THAT AMENDMENT IS INTERPRETED UNDER THE COMMON LAW OF THE DISTRICT OF COLUMBIA. ALL THAT THE PRETRIAL DETENTION LAW EFFECTS IS A PARTIAL REPEAL OF THE FEDERAL STATUTE RENDERING BAIL MANDATORY FOR DEFENDANTS IN NONCAPITAL CASES. IT SIMPLY GRANTS JUDGES A LIMITED POWER TO DENY BAIL BEFORE TRIAL, A POWER WHICH THEY HELD UNDER THE COMMON LAW BEFORE 1789. THE ARTICLE ANALYZES THE HISTORY OF THE COMMON LAW OF BAIL AND THE EXISTING CASE LAW INTERPRETING IT.