NCJ Number
114166
Date Published
1988
Length
138 pages
Annotation
This working paper examines criminal procedures that focus on the issues of compelling appearance, interim release, and pre-trial detention.
Abstract
The Bail Reform Act is reviewed and its defects examined, a comprehensive scheme of interim release is proposed, and seven principles to be applied to the scheme are set forth. These include fairness, restraint, accountability, efficiency, comprehensiveness, clarity, participation and protection. Constitutional problems which have surfaced since enactment of the Charter of Rights and Freedoms are discussed. For example, the present law places the onus on the accused to seek release, rather than on the prosecutor to show cause why detention is justified. Some solutions are offered.