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Bail Reform Case Study

764 Words4 Pages

In criminal cases, Pretrial release is where a defendant is released from jail while the criminal case is pending. The release usually begins with a bond (criminal-law.com). Pretrial procedures tend to follow the general pattern of civil cases, but with imperative modifications. The functions of the pretrial release decision by attaining defendants for trial which maintains the integrity of the judicial process, the protections of witnesses and victims, as well as the community from interference, threats, or dangers (americanbar.org). The most crucial crimes are felonies which, the punishment is imprisonment for at least a year, usually in a federal or a state penitentiary. Then follows misdemeanors, which are less serious crimes that may result in incarceration of less than a year, usually in a local jail. Finally, are traffic infractions and petty misdemeanors which are usually just punished with fines.
Bail is not uncommon in the United …show more content…

The Bail Reform Act was then passed in 1966 to assure that bail practices would be revised to ensure that all persons, regardless of their financial status, shall not needlessly be detained to answer criminal charges (Champion, Hartley, Rabe 2012). Afterwards, the Bail Reform Act of 1984 came into play. The Bail Reform Act of 1984 was a revision of the original 1966 Bail Reform Act which changes in the bail practices were carried out to assure that all persons, no matter of their financial status, shall not be detained to answer criminal question, needlessly (Champion, Hartley, Rabe 2012). This act was contemporary to where it incorporated provisions for judicial officers to release defendants subject to certain conditions. For instance, reporting on a regular basis to a designated law enforcement agency, complying with a curfew, and maintaining employment or activity seeking employment if currently unemployed (Champion, Hartley, Rabe

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The Victorian Bail Act 1977 outlines the provisions of bail, Section 4(1) a provides a presumption in favour of granting bail. “Any person accused of an offence and being held in custody in relation to that offence shall be granted bail” (Bail Act 1977 (Vic), s. 4(1)). This means that anyone charged of an offence should be granted bail unless there are circumstances which justify the refusal of bail. Under Section 4(2) there is a presumption against bail for serious offences including serious drug offences and terrorism offences (Bail Act 1977 (Vic), s. 4(2). Since Frank was caught with both drugs and terrorist weapons in his possession, the only way that he could be granted bail is if he proves there were ‘exceptional circumstances’ or show cause of why the bail should be granted (Bail Act 1977 (Vic), s. 4(4).

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In many cases, individuals who were released on bail went on to commit further offenses while awaiting trial. This raised concerns about the effectiveness of the existing bail system in deterring reoffending and ensuring that justice was served. Another factor that contributed to the need for bail reform was concerns about community safety. The existing bail system did not adequately address the risks to the community posed by individuals who had been charged with serious offenses. There was a growing perception that the system needed to be reformed to ensure that community safety was given greater consideration in bail decisions.

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This paper is to help show how sometimes judges can be Bias or inherent in the amount of bail set and other restrictions for pre-trial release while showing the concept of bail what can be done to prevent arbitrary and potentially prejudiced decisions from being made in the courtroom when it comes to bail by the judge, Also discuss the pros and cons of private vs. public defense. Introduction This paper will show the pros and cons of pre-release and define pre-trail release and bond, arbitrary. bond types also look into the factors of bail amounts a judge looks at to determine how much the defendant’s bail is and a few ways to prevent arbitrary and potentially Prejudice decisions from being made in the court by judges.

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