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NCJRS Abstract

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NCJ Number: 99588 Find in a Library
Title: Statement of Jeffrey Harris on February 25, 1982 Concerning Bail Reform
Author(s): J Harris
Corporate Author: National Institute of Justice (NIJ)
US Department of Justice
Office of Justice Programs
United States of America
Date Published: 1982
Page Count: 33
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: Legislative Hearing/Committee Report
Language: English
Country: United States of America
Annotation: Jeffrey Harris presents U.S. Department of Justice recommendations for improving Federal bail laws and assesses the adequacy of three bills in implementing these recommendations.
Abstract: Recommendations for improving bail reform focus on permitting suggested dangerousness as a consideration in pretrial release determinations requiring the court to impose a condition that the defendant not commit another crime while on release and that violation of this condition will result in the revocation of release. An additional recommendation is adopting a provision that permits temporary detention for up to 10 days of a defendant already on a form of conditional release who has committed a further crime. In addition, courts should be allowed to deny release to defendants posing a high risk of subsequent nonappearance without having to impose a high money bond, and the standard for postconviction release should be ammended so that release on bail is not presumed for convicted persons awaiting execution of a sentence or an appeal. Further recommendations center on giving the Government authority to appeal release decisions, making penalities for bail jumping proportional to those for the original offense charged, and evaluating source of bond funds to determine if the bond will reasonably assure the defendants's trial appearance. Of the three bills currently before the House (H.R. 4362, H.R. 4264, H.R. 3006), H.R. 4362 presents the best vehicle for accomplishing the recommended bail reforms and should be amended to require that (1) pretrial detention decisions be supported by clear and convincing evidence and (2) that a probable cause standard be sufficient for denying pretrial release. Included are 22 footnotes.
Index Term(s): Bail reform; Federal bail system; Law reform; Testimony; US House of Representatives
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