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NCJRS Abstract

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NCJ Number: 94485 Find in a Library
Title: Statement of James I K Knapp, Deputy Assistant Attorney General, Criminal Division Before the House Subcommittee on Courts, Civil Liberties and the Administration of Justice Concerning Bail Reform on May 24, 1984
Author(s): J I K Knapp
Corporate Author: US Dept of Justice
United States of America
Date Published: 1984
Page Count: 28
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
US Dept of Justice
Washington, DC 20531
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
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United States of America

NCJRS Photocopy Services
Box 6000
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United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: This testimony presents the views of the Department of Justice on amending the Bail Refom Act of 1966 and on three bail reform bills: H.R. 1098, H.R. 3005, and H.R. 2151
Abstract: The most serious defect in the Bail Reform Act is that it does not permit the courts, except in capital cases, to consider the danger the defendant may pose to the community if he is released. The Justice Department sees several potential changes as enhancing its ability to deter bail crime, including making the defendant's bail revocable should he commit a crime after release. If the defendant does commit a crime while out on bail, he should receive an additional mandatory sentence. An effective bail reform bill would also allow for the temporary detention of such an offender. For that identifiable minority of defendants for whom no form of conditional releasae will assure their appearance in court, the courts should be able to deny release without needing to first impose an excessively high bond. In cases where the money for the bond might come from illegal sources connected with the crime, the courts should have the authority to first investigate the source of the money. Penalties for bail jumping should be more proportionate to the penalties for the offense charged. Concerning post conviction release, the defendant should be responsible for proving that his release would not create a substantial risk of flight or of danger to the public or the administration of justice. Finally, the Government should have clear authority to appeal release decisions. H.R. 1098 and H.R. 2151 cover these points; H.R. 3005 does not, and therefore does not have the support of the Department of Justice. Nineteen notes are included.
Index Term(s): Bail reform; Federal Bail Reform Act; Pretrial detention
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