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NCJRS Abstract

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NCJ Number: 97215 Find in a Library
Title: Crime File: Out on Bail
Series: NIJ Crime Files
Corporate Author: Police Foundation
United States of America
Date Published: 1984
Sponsoring Agency: National Institute of Justice (NIJ)
Washington, DC 20531
National Institute of Justice/NCJRS
Rockville, MD 20850
Police Foundation
Washington, DC 20036
US Dept of Justice NIJ Pub
Washington, DC 20531
Grant Number: 84-IJ-CX-0031
Sale Source: National Institute of Justice/NCJRS
Audiovisual Sales
Box 6000, Dept F
Rockville, MD 20850
United States of America
Document: PDF (Study Guide)|Video (28:45)
Format: Video (Online)
Language: English
Country: United States of America
Annotation: This video cassette, number 5 in the Crime File series, portrays a 3-member panel discussing the rate of rearrests among persons on pretrial release, features of the 1984 Federal bail law designed to prevent the pretrial release of dangerous persons, ways to reduce rearrests of pretrial releasees, and constitutional issues raised by preventive detention.
Abstract: Panelist Jeffrey Harris, former director of the President's Task Force on Violent Crime, explains provisions of the 1984 Federal bail law. He pays particular attention to the structured hearing procedures for determining an arrestee's dangerousness and likelihood of appearing for trial, which findings in turn determine whether or not the arrestee is detained prior to trial. Harris argues that this law provides an effective balance between protecting the public from dangerous arrestees during the pretrial period and ensuring that the arrestee is given a fair pretrial release hearing. Panelist James H. McComas of the Public Defender Service, Washington, D.C., argues that preventive detention constitutes punishment prior to conviction and should be declared unconstitutional. Panelist Martin Sorin, who has conducted studies of pretrial rearrest rates and the impact of various bail policies on rearrests, favors making a rearrest a violation of pretrial release conditions, which would warrant pretrial detention. He argues against trying to predict dangerousness in the initial pretrial release decision. McComas counters that a rearrest does not constitute a conviction and should therefore not be a basis for punishing an arrestee with detention.
Index Term(s): Bail/Financial Release; Dangerousness; Federal bail system; Presumption of innocence; Pretrial release; Preventive detention; Videotapes
Note: Videocassette (3/4 inch, Beta, and VHS), 28 minutes in length, color.
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