NCJ Number
45010
Date Published
1977
Length
48 pages
Annotation
ISSUES RELATED TO PRETRIAL RELEASE AND THE RIGHT TO BAIL ARE EXAMINED IN THREE PAPERS.
Abstract
A BACKGROUND PAPER SUMMARIZES THE CONSTITUTIONAL STATUS OF PRETRIAL DETENTION IN THE UNITED STATES AND IN MICHIGAN, SPECIFICALLY. FORMS OF PRETRIAL RELEASE ARE OUTLINED, AND MAJOR ISSUES CITED BY PROPONENTS AND OPPONENTS OF TRADITIONAL MODES OF PRETRIAL RELEASE ARE NOTED. THE SECOND PAPER OPENS WITH A DISCUSSION AND CONSTITUTIONAL POLICY, CONCLUDING THAT BAIL PROCEDURES SHOULD PROMOTE DUE PROCESS, EQUALITY BEFORE THE LAW, AND THE PRESUMPTION OF INNOCENCE. A PROPOSAL TO AMEND THE BAIL PROVISIONS OF THE MICHIGAN CONSTITUTION BY DENYING BAIL TO PERSONS FALLING WITHIN ONE OF SEVERAL CATEGORIES IS EXAMINED FOR ITS CONSTITUTIONAL IMPLICATIONS AND ITS WISDOM. ARGUMENTS CITED IN SUPPORT OF THE PROPOSAL ARE NOTED. ARGUMENTS AGAINST THE PROPOSAL -- THAT IT IMPOSES PRETRIAL PUNISHMENT, INCREASES FINANCIAL COSTS TO THE COMMUNITY, DISCRIMINATES AGAINST MINORITIES AND THE POOR, AND MAY NOT BE NEEDED -- ARE PRESENTED. THE FOLLOWING ALTERNATIVES TO THE PROPOSED REVISIONS ARE CONSIDERED: PROVIDING SPEEDIER TRIALS; IMPROVING CONDITIONS FOR PRETRIAL RELEASE; REVOKING THE RIGHT TO BAIL FOR SERIOUS MISCONDUCT COMMITTED WHILE ON PRETRIAL RELEASE; ISSUING STRICTER SENTENCES FOR RECIDIVISTS; USING THE COURT'S CONTEMPT POWER; AND EMPLOYING A MORE SYSTEMATIC AND VIGOROUS APPROACH TO APPREHENDING THOSE WHO EVADE ARREST AND VIOLATE BAIL OR PROBATION. THE THIRD PAPER CONSIDERS EXAMPLES OF THE USE AND ABUSE OF PRETRIAL RELEASE AND SUPPORTS A SHIFT IN EMPHASIS TOWARD PRETRIAL DETENTION FOR CERTAIN CRIMES AND FOR CERTAIN RECIDIVISTS.