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NCJRS Abstract

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NCJ Number: 99178 Add to Shopping cart Find in a Library
Title: Public Danger as a Factor in Pretrial Release - A Comparative Analysis of State Laws
Author(s): B Gottlieb
Corporate Author: Instructional Video Productions
United States of America
Date Published: 1985
Page Count: 32
Sponsoring Agency: Instructional Video Productions
New York, NY 10016
National Institute of Justice (NIJ)
Washington, DC 20531
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Superintendent of Documents, GPO
Washington, DC 20402
US Dept of Justice NIJ Pub
Washington, DC 20531
Grant Number: 83-IJ-CX-0008
Sale Source: Superintendent of Documents, GPO
Washington, DC 20402
United States of America

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
Language: English
Country: United States of America
Annotation: This monograph compares the similarities and differences of State 'danger' laws, which permit basing pretrial release decisions on judges' perceptions of defendants' dangerousness; 32 States and the District of Columbia are involved in the analysis.
Abstract: The study examines State laws' definitions of dangerousness, the types of restrictions permitted on pretrial release, and the procedures required before these restrictions can be imposed. 'Danger' laws enacted through 1983 are included in the analysis. The laws exhibit three major approaches to defining dangerousness: the severity of the charged offense, the defendant's prior criminality, and judicial discretion regarding the defendant's dangerousness. Some laws use combinations of these criteria. A chart shows each State's approach to a definition of pretrial dangerousness. 'Danger' laws provide for a variety of legal sanctions to prevent 'dangerous' defendants from committing crimes during the pretrial period, with the most extreme being preventive detention. For those 'dangerous' defendants granted pretrial release, laws provide for various restrictive conditions. A table displays the 21 States whose laws specify release conditions for 'dangerous' defendants, along with the conditions they permit. Procedural elements often specified in 'danger' laws include standards of proof for establishing dangerousness, requirements for special hearings, and limits on the length of pretrial detention. A table indicates each State's use of these elements. Appendixes contain State 'danger' law citations and definitional factors used to assess dangerousness. Footnotes are included.
Index Term(s): Comparative analysis; Dangerousness; Pretrial detention; Pretrial release; State laws; Supervised release
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=99178

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