Release Pending Trial and Appeal (From The Comprehensive Crime Control Act of 1984: Contemporary Federal Criminal Practice, V 1, P 7-60.2, 1988, B. James George, Jr. -- See NCJ-119239)

• NCJ Number: 119241
• Author(s): B J George Jr
• Date Published: 1988
• Length: 56 pages
• Sale Source: Prentice Hall Law and Business
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This chapter details the provisions of the Bail Reform Act of 1984, a new comprehensive replacement statute created by Section 203 (a) of the Federal Comprehensive Crime Control Act of 1984 when it simultaneously repealed the Bail Reform Act of 1966.

Abstract

The chapter identifies significant elements of the Bail Reform Act of 1984, including enhanced penalties for bail jumping, conditions for preadjudication detention, criteria for release pending sentencing and appeal, and expanded release conditions in lieu of detention. Under the new statute, release and preadjudication detention decisions can be based on evidence that the defendant poses a threat to other persons or the community. Additionally, Federal judicial officers are forbidden to set money bail higher than defendants are able to pay. Throughout the new statute "pretrial release" replaces the term "bail." The constitutional implications of certain elements of the new statute are discussed in detail. 377 footnotes.