NCJ Number
99178
Date Published
1985
Length
32 pages
Annotation
This monograph compares the similarities and differences of State 'danger' laws, which permit basing pretrial release decisions on judges' perceptions of defendants' dangerousness; 32 States and the District of Columbia are involved in the analysis.
Abstract
The study examines State laws' definitions of dangerousness, the types of restrictions permitted on pretrial release, and the procedures required before these restrictions can be imposed. 'Danger' laws enacted through 1983 are included in the analysis. The laws exhibit three major approaches to defining dangerousness: the severity of the charged offense, the defendant's prior criminality, and judicial discretion regarding the defendant's dangerousness. Some laws use combinations of these criteria. A chart shows each State's approach to a definition of pretrial dangerousness. 'Danger' laws provide for a variety of legal sanctions to prevent 'dangerous' defendants from committing crimes during the pretrial period, with the most extreme being preventive detention. For those 'dangerous' defendants granted pretrial release, laws provide for various restrictive conditions. A table displays the 21 States whose laws specify release conditions for 'dangerous' defendants, along with the conditions they permit. Procedural elements often specified in 'danger' laws include standards of proof for establishing dangerousness, requirements for special hearings, and limits on the length of pretrial detention. A table indicates each State's use of these elements. Appendixes contain State 'danger' law citations and definitional factors used to assess dangerousness. Footnotes are included.