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NCJRS Abstract

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NCJ Number: 98313 Add to Shopping cart Find in a Library
Title: Public Danger as a Factor in Pretrial Release - Digest of State Laws
Author(s): B Gottlieb; P Rosen
Date Published: 1985
Page Count: 87
Sponsoring Agency: National Institute of Justice (NIJ)
Washington, DC 20531
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
US Dept of Justice NIJ Pub
Washington, DC 20531
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
Document: PDF
Type: Survey
Language: English
Country: United States of America
Annotation: This volume summarizes the 'danger laws' of 32 States, the District of Columbia, and the Federal Government, which permit judges setting pretrial release conditions to consider the defendant's dangerousness.
Abstract: Prepared as part of a broader study of pretrial dangerousness, these summaries are based on a review of the relevant sections of State constitutions, statutes, and court rules. Originally intended to cover only laws passed through the end of 1982, the volume was updated to include the 1983 Iowa law as well as the Federal Bail Reform Act of 1984. The summary of each law notes (1) defendants not entitled to pretrial release; (2) types of defendants to whom the danger provisions of the law apply; and (3) special conditions that may be imposed on dangerous defendants, including whether such defendants may be detained before trial. The summaries also indicate special procedures required to invoke the dangerousness provisions, including the required findings, factors to consider, standard of proof, burden of proof, hearing requirements, and speedy trial rules. Review/appeals procedures of the laws are also summarized. (Author abstract modified)
Index Term(s): Dangerousness; Federal Bail Reform Act; Federal Code; Pretrial release; State laws; State-by-state analyses
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