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Bail Reform and Narcotics Cases - Hearing Before the House Select Committee on Narcotics Abuse and Control, July 22, 1981

NCJ Number
95141
Date Published
1981
Length
120 pages
Annotation
The transcript of a hearing on bail reform, with a particular emphasis on the issue of bail as it relates to narcotics traffickers, is presented.
Abstract
Statistics provided confirm that major narcotics offenders are not safe bail risks. In the 10 demonstration districts of the pretrial services agencies of the U.S. courts, data for the last 5 years show that 53 percent of the bail violators still at large were originally charged with narcotics violations. In Florida, approximately 62 percent of the Federal defendants who failed to appear in court were charged with drug offenses. Two alternatives for bail reform are identified: first, the drug traffickers can be dealt with in their chosen medium, or second, drug traffickers who pose a danger to the community can be incarcerated prior to trial. Reasons why the second option is not only the most practical but the most just are offered. The Bail Reform Act provides judges with the authority to impose conditions and even pretrial custody on those defendants who present a risk of flight; however, judges do not always exercise their authority. Courts must begin to set money bonds commensurate with the net worth of the defendant, and Congress must make sure that they do. Codifying the right of the courts or the Government to refuse to accept a bond if the money for it comes from criminal activities should also be considered. Prepared statements and testimony of 19 witnesses are included. of 19 witnesses are included.