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Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
CONTENTS Preface I. Pretrial Release A. Release on Personal Recognizance B. Conditional Release C. Written Findings D. Advising Defendant of Penalty E. Revocation and Modification of Release 1. Revocation for Violation of Release Conditions 2. Modification or Revocation Where Defendant Has Not Violated Release Conditions II. Pretrial Detention A. Statutory Grounds B. Constitutionality C. Factors To Be Considered D. Standard of Proof E. Definition of Dangerousness F. Detention Hearing 1. Statutory Requirements 2. Timing of Detention Motion and Hearing a. Statutory requirement; remedy for a violation b. Continuances c. Waiver by defendant G. Rebuttable Presumptions 1. The Two Presumptions 2. Application of "Drug-and-Firearm-Offender Presumption" a. Ten-year maximum charge required b. Probable cause and grand jury indictments c. Formal charge required d. Effect of presumption e. Constitutionality H. Temporary Detention I. Detention Upon Review of a Release Order J. Evidence and Right to Counsel 1. Right to Counsel 2. Hearsay Evidence 3. Proffer Evidence 4. Cross-Examination 5. In Camera Evidence 6. Challenged Evidence 7. Electronic Surveillance 8. Psychiatric Examination K. Hearings Involving Multiple Defendants L. Written Findings III. Modification of Detention Order A. Changed Circumstances B. Length of Detention IV. Review by the District Court V. Review by the Court of Appeals VI. Release or Detention Pending Sentence VII. Release or Detention Pending Appeal A. Release Requirements B. Definitions of "Substantial Question" and "Likely" C. "Exceptional Reasons" VIII. Release or Detention of a Material Witness IX. Offense Committed While on Bail X. Sanctions A. Failure to Appear B. Contempt XI. Credit Toward Detention Appendix A: The Bail Reform Act of 1984, 18 U.S.C. sections 3141-3150, 3156 Appendix B: The Sentencing Act of 1984 (Selected Provision), 18 U.S.C. section 3585 Table of Cases
In this third edition, David N. Adair, Jr., former associate general counsel of the Administrative Office of the United States Courts, primarily addresses areas that have been changed by statute or case law since the second edition, and elsewhere cites more recent cases that discuss the substantive issues. This edition includes case law through June 1, 2006.The Bail Reform Act of 1984 (18 U.S.C. ยงยง 3141-3150) authorizes and sets forth the procedures for a judicial officer to order the release or detention of an arrested person pending trial, sentence, and appeal.The Bail Reform Act of 1984 has been amended several times. References in this monograph to the "Bail Reform Act" or the "Act" are to the amended version in effect as of October 30, 2005, and all cites to the U.S. Code are to the most current version in effect at the time of this printing.Appendix A reproduces the Bail Reform Act of 1984, as amended, as of October 30, 2005. Appendix B sets forth a selected provision of the Sentencing Reform Act of 1984.
The Bail Reform Act of 1984 and its legislative history are lengthy and complex. Yet all participants--lawyers, judges, and others--are required to understand it thoroughly and apply it swiftly and effectively, often under the pressure of a detention hearing. The Honorable John L. Weinberg's Federal Bail and Detention Handbook 2014 provides the busy practicing lawyer or judge with a quick and clear reference to the Act and the relevant statutory language, legislative history and appellate case law. Judge Weinberg has included "Practice Pointers," designed to provide defense counsel and Assistant U.S. Attorneys with strategic suggestions for dealing with the Act. The Handbook's Table of Cases lists every federal appellate decision of significant precedential value that interprets or applies the Act. The paperback format of this 2014 edition has been tailored to help readers find answers in a hurry. Its size permits it to be carried conveniently to and from the courtroom. Lawyers new to hearings on release and detention in federal court will find the book a useful basic course as well.