skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 155897 Find in a Library
Title: History, Issues and Analysis of Pretrial Release and Detention: A Policy Analysis
Author(s): J Cleary
Corporate Author: Minnesota Legislature
House of Representatives
Research Dept
United States of America
Date Published: 1994
Page Count: 47
Sponsoring Agency: Minnesota Legislature
St. Paul, MN 55155
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America

Minnesota Legislature
House of Representatives
Research Dept
State Capitol Complex
St. Paul, MN 55155
United States of America
Document: PDF
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: This presentation of the history, issues, and analysis of pretrial release and detention in Minnesota addresses some of the critical issues related to the authorization of preventive detention and discusses the potential effects of its use in the State.
Abstract: Minnesota's Constitution gives individuals accused of criminal offenses, other than capital offenses, the right to release on bail pending trial; and it prohibits setting bail in excess of the amount required to ensure the defendant's appearance at trial. These constitutional provisions place limits on pretrial release and detention policies in Minnesota and effectively prohibit the use of preventive detention, even of assumedly dangerous persons. Increasing public concern about violent crime has prompted some Minnesotans to question these constitutional provisions. This report identifies the current alternatives for pretrial decisionmaking and discusses patterns of pretrial misconduct among releasees. It then considers whether preventive detention reduces pretrial misconduct and the extent to which sub rosa detention occurs (ensuring detention by setting an extremely high bail). Other issues discussed are whether preventive detention violates the U.S. Constitution, the accuracy of predictions of dangerousness and flight risk, racial discrimination in the application of preventive detention, and how preventive detention might affect Minnesota's jails. In discussing the latter issue, the report estimates a 17-percent increase in the number of pretrial detainees within 1 year of implementing preventive detention and additional increases in subsequent years. A constitutional amendment would be required to permit State courts to order preventive detention for defendants believed to be too dangerous to release. This report concludes that public support for greater use of preventive detention appears to be increasing in Minnesota and across the Nation. 86 notes
Main Term(s): Corrections policies
Index Term(s): Court procedures; Minnesota; Pretrial detention; Pretrial release
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=155897

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.