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Documents |
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| NCJ Number:
|
NCJ 123355
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| Title:
|
Two-Pronged Standard of Appellate Review for Pretrial Bail Determinations
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| Journal:
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Yale Law Journal Volume:99 Issue:4 Dated:(January 1990) Pages:885-904
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| Author(s):
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M E O'Neill
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| Publication Date:
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1990 |
| Pages:
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20 |
| Type:
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Legislation/policy analysis |
| Origin:
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United States |
| Language:
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English |
| Annotation:
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This note examines the bail review standards currently adopted by the courts, proposes a framework for determining an appropriate standard, and recommends adoption of a two-pronged review standard. |
| Abstract:
|
The Bail Reform Act of 1984 authorizes pretrial detention based upon a prediction of future dangerousness, but provides no statutory standard for appeals courts to review lower court bail determinations; consequently, a sharp division has arisen among the circuit courts on this matter. To ensure uniform, just review, it is essential to determine which standard better comports with the legislative intent of Congress and properly weighs the rights of the defendant. A uniform standard of review should guarantee defendants fair and consistent review, achieve Congressionally mandated objectives, and provide guidance to judicial officers making release or detention determinations. The two-pronged standard of review proposed by this note provides for a process-oriented review of district courts' factfinding inquiries coupled with an independent evaluation of district courts' legal determinations. Such a review will ensure that courts safeguard the fundamental rights endangered by pretrial detention. 147 footnotes. |
| Main Term(s):
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Bail review |
| Index Term(s):
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Detention ; Dangerousness |
| |
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=123355
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