NCJ Number
73370
Date Published
1979
Length
6 pages
Annotation
A proposal for Federal bail reform is presented at a hearing on S. 1722 and S. 1723, legislation proposed for the reform of Federal criminal law.
Abstract
Monetary bail conditions and preventive detention are both inadequate means of exerting control over the pretrial behavior of the accused. The monetary bail system essentially provides preventive detention for defendants unable to afford bail. Preventive detention violates the constitutional principle that a person accused of a crime is considered innocent until guilt is proved in court. The detention of a person not yet proven guilty of a crime is clearly unconstitutional. What is needed is a system that provides for restricted pretrial release. Under such a system accused persons would be subject to conditions or retrictions imposed by a court on a case-by-case basis. These conditions would not only aim at assuring the appearance of the defendant when required, as under the present statute, but would also be intended to avoid other potential problems of pretrial release. Restrictions might include reporting to appropriate law enforcement agencies on a regular basis, avoiding all contacts with potential witnesses, avoiding specific neighborhoods and personal associations, not possessing a weapon, participating in a drug rehabilitation program, and seeking employment. In general, as under the present statute, the presumption would favor unconditional release on personal recognizance or upon the execution of an unsecured bond.