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Deadly Dilemmas Ii: Bail And Crime, Larry Laudan, Ronald J. Allen
Deadly Dilemmas Ii: Bail And Crime, Larry Laudan, Ronald J. Allen
Chicago-Kent Law Review
This is another in a series of papers examining the interaction between the implications of the deadly dilemma of governing that virtually all governmental action involves unavoidable conflict between equally laudatory goals and the conventional way of thinking about social errors. Typically the pursuit of any particular goal has as its consequence precisely the kind of harm that is desired to be avoided. For example, serious felons are sent to prison in part to protect innocent parties from their future predations, but those same felons often prey upon fellow prisoners, including murder. Moreover, felonies committed in prison only begin the …
He Versus She: A Gender Specific Analysis Of Legal And Extralegal Effects On Pretrial Release For Felony Defendants, Jeremy Ball, Lisa Growette Bostaph
He Versus She: A Gender Specific Analysis Of Legal And Extralegal Effects On Pretrial Release For Felony Defendants, Jeremy Ball, Lisa Growette Bostaph
Criminal Justice Faculty Publications and Presentations
The current study seeks to identify significant predictors of pretrial processing for both male and female defendants in an aggregate sample. The data used in this study is taken from the State Court Processing Statistics (SCPS), 1990-2000: Felony Defendants in Large Urban Counties (Bureau of Justice Statistics 2004). The original sample included a total of 87,437 felony cases. The relationship between relevant independent variables and five separate dependent variables (denial of bail, non-financial release, amount of bail set, making bail, and pretrial incarceration) were analyzed using both multivariate regression and Z-score comparisons within gender-specific models. Findings suggest that effects of …
Bail In Australia: Legislative Introduction And Amendment Since 1970, Alex Steel
Bail In Australia: Legislative Introduction And Amendment Since 1970, Alex Steel
Alex Steel
This paper examines the rate of amendment of bail laws across Australian jurisdictions since the 1980’s. It examines stated justifications for those changes by Parliamentarians in a number of jurisdictions and seeks to provide insights into the increasing rate of legislative amendment in some states in recent years. The paper analyses whether Australia wide trends exist or whether the reasons for amendment are more locally based.
Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel Wiseman
Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel Wiseman
Fordham Urban Law Journal
This Article examines the history and judicial interpretation of the Eighth Amendment's Excessive Bail Clause, which reads "excessive bail shall not be required." Debate on this topic has centered around two questions: whether the Clause binds only the courts or Congress as well and whether it creates any substantive right to bail. Specifically, the Article discusses the Bail Reform Act of 1984, and the Supreme Court's subsequent interpretation of the Act in United States v. Salerno. The Salerno court suggested that the Excessive Bail Clause limits only the judiciary and found, at a maximum, only an extremely limited substantive right …