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NCJ Number: 66662 Find in a Library
Title: PREPARED STATEMENT OF J PATRICK HICKEY ON FEBRUARY 6, 1978 CONCERNING HR 7747 (FROM PRETRIAL RELEASE AND DETENTION, P 275-282, 1978 - SEE NCJ-66651)
Author(s): J P HICKEY
Date Published: 1978
Page Count: 8
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Type: Legislative/Regulatory Material
Language: English
Country: United States of America
Annotation: THE DIRECTOR OF THE PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF COLUMBIA DISCUSSES THE SUBJECT OF PRETRIAL DETENTION IN TERMS OF ITS IMPACT ON THE POPULATION OF THE ALREADY OVERCROWED D.C. JAIL.
Abstract: THE PREPARED STATEMENT WAS SUBMITTED TO THE SUBCOMMITTEE ON GOVERNMENTAL EFFICIENCY AND THE DISTRICT OF COLUMBIA OF THE SENATE COMMITTEE ON GOVERNMENTAL AFFAIRS CONCERNING H.R. 7747, AN ACT TO AMEND TITLE 23 OF THE DISTRICT OF COLUMBIA CODE WITH RESPECT TO PRETRIAL RELEASE OR DETENTION OF PERSONS CHARGED WITH CERTAIN VIOLENT OR DANGEROUS CRIMES. THE WITNESS EMPHASIZED THE DANGER OF OVERINCARCERATION OF DEFENDANTS IN THE PRETRIAL PERIOD, EXACTING WHAT HE CALLED A TERRIBLE PRICE IN BOTH HUMAN AND FINANCIAL TERMS. AS A CONSEQUENCE, HE URGED THE PROPONENTS OF AMENDMENTS (SUCH AS H.R. 7747) WHO WOULD INCREASE THE NUMBER OF PRETRIAL DETAINEES, TO PROVE CONCLUSIVELY A CLEAR NEED FOR THE RECOMMENDED CHANGES AND TO LIMIT ALL SUGGESTIONS TO THE PERCEIVED PROBLEM. HE EXPRESSED DOUBTS THAT SUCH BURDEN OF PROOF WAS BEING MET. THE WITNESS ALSO SINGLED OUT THE PROVISIONS OF H.R. 7747, WHICH BROADENED THE CATEGORIES OF DEFENDANTS THAT CAN BE INCLUDED IN PRETRIAL DETENTION, FOR SPECIAL CRITICISM. HE QUESTIONED THE CONCEPT OF DANGEROUSNESS AS A PRETRIAL INCARCERATION CRITERION BASED SOLELY ON AN ASSUMPTION OF GUILT. THE WITNESS ALSO NOTED THAT CAREER CRIMINALS, AT WHOM PREVENTIVE INCARCERATION PROVISIONS WERE ALLEGEDLY AIMED, WERE ALREADY DETAINABLE UNDER EXISTING LAWS, SINCE THE OVERWHELMING MAJORITY OF THEM ARE ON PAROLE, PROBATION, OR ON SOME OTHER POSTCONVICTION STATUS. HE CALLED FOR SPEEDY TRIALS AS THE MOST DESIRABLE ALTERNATIVE TO PRETRIAL INCARCERATION.
Index Term(s): Bail/Financial Release; District of Columbia; Legislation; Pretrial release; Preventive detention; Right to speedy trial
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66662

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