NCJ Number
66651
Date Published
1978
Length
332 pages
Annotation
CONGRESSIONAL HEARINGS WERE HELD TO TAKE TESTIMONY ON THE RATIFICATION OF H.R. 7747, AN ACT TO AMEND TITLE 23 OF THE DISTRICT OF COLUMBIA CODE ON PRETRIAL RELEASE AND DETENTION.
Abstract
AT HEARINGS BEFORE THE SUBCOMMITTEE ON GOVERNMENTAL EFFICIENCY AND THE DISTRICT OF COLUMBIA OF THE SENATE COMMITTEE ON GOVERNMENTAL AFFAIRS, TESTIMONY WAS TAKEN AND PREPARED STATEMENTS WERE SUBMITTED ON THE RATIFICATION OF H.R. 7747, WHICH WAS INTENDED TO BROADEN THE CATEGORIES OF POTENTIAL DETAINEES AND LENGTHEN THE PERIODS DURING WHICH THEY CAN BE HELD. AMONG THOSE TESTIFYING WERE LAW ENFORCEMENT, CORRECTIONS, PRETRIAL SERVICES, AND JUDICIAL OFFICIALS, AS WELL AS PERSONS REPRESENTING COMMUNITY OPINION ON ALL SIDES OF THE ISSUE, AND SEVERAL ACADEMICIANS WHO ADDRESSED THE LEGAL AND CONSTITUTIONAL QUESTIONS INVOLVED. DUE PROCESS, THE EIGHTH AMENDMENT, AND THE PRESUMPTION OF INNOCENCE WERE AMONG THE ISSUES DISCUSSED, AS WELL AS COMMUNITY PROTECTION AND PUBLIC DEMAND FOR INCREASED STREET SAFETY. A LARGER NUMBER OF WITNESSES OPPOSED H.R. 7747, CALLING FOR ALTERNATIVE APPROACHES TO THE PROBLEM OF DANGEROUS CRIMINALS RELEASED ON BAIL, SUCH AS SPEEDY TRIALS (FAVORED BY THE MAJORITY OF WITNESSES), MORE FREQUENT INCARCERATION OF CONVICTED DEFENDANTS, AND MORE STRINGENT CONDITIONS FOR RELEASE ON PROBATION OR PAROLE. THE MAJORITY OF WITNESSES OPPOSED TO THE RATIFICATION OF H.R. 7747 ARGUED FOR THE RIGHT TO BAIL OF ALL SUSPECTS ACCUSED, BUT NOT YET TRIED, OF ANY OFFENSES (EXCEPT CAPITAL CRIMES AND VIOLENT AND DANGEROUS ACTS COMMITTED WHILE ON PROBATION OR PAROLE), ASSERTING THAT ALL EFFORTS MUST BE MADE TO ENSURE COMMUNITY PROTECTION AND STREET SAFETY WITHOUT THREATENING THE CONSTITUTIONAL RIGHTS OF PRESUMPTIVELY INNOCENT PERSONS. THE HEARINGS LASTED 2 DAYS, AND 17 WITNESSES TESTIFIED IN PERSON OR SUBMITTED PREPARED STATEMENTS.