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Bail In The Time Of Covid-19, Thomas A. Stinson

Master of Laws Research Papers Repository

The COVID-19 pandemic that began in early 2020 resulted in changes to both the form and content of bail hearings and reviews within Ontario. While the statutory framework contained within sections 515, 520, 525 and 679 of the Criminal Code remained unchanged, practical changes were necessary in order to allow bail matters to occur virtually and safely. Initially, the existence of COVID-19 may have allowed for the release of some accused persons who would not have been let out on bail prior to the pandemic. By early 2021, bail courts appear to have settled into a pattern where the COVID-19 …

Weighing Pain: How The Harm Of Immigration Detention Must Be Factored In Custody Decisions, Linus Chan

William & Mary Journal of Race, Gender, and Social Justice

The United States is currently in the midst of a “third wave of potential pretrial detention reform.” And while certain reforms are gaining traction in an effort to reduce pretrial criminal detention, efforts to do the same for immigration detention have lagged. Reformers and abolitionists make the case that immigration detention needs to be either restricted or eliminated entirely. Nonetheless, the number of people held in detention for immigration purposes rises year after year. Not only do the numbers of people in immigration detention grow, but the systems in place have grown less concerned with the harsh consequences of detention …

An Absolute Deprivation Of Liberty: Why Indigents’ Wealth-Based Discrimination Claims Brought Under The Equal Protection Clause Should Be Subject To Intermediate Scrutiny, Athena Hernandez

Golden Gate University Law Review

This Comment argues that wealth-based discrimination claims concerning pretrial detention of indigents should be analyzed under an Equal Protection framework and subjected to intermediate scrutiny. In order to provide an overview of the Supreme Court precedent established for these types of claims, Part I of this Comment will discuss the relevant and historic Supreme Court cases which have analyzed wealth-based incarceration claims in the United States. To further establish how Federal Courts have treated wealth-based incarceration Equal Protection claims, Part II will discuss the Fifth Circuit’s relevant opinions. Part III outlines the court’s decision in Walker, discussing how the …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

Discretion And Disparity In Federal Detention, Stephanie Holmes Didwania

Northwestern University Law Review

The uniquely American phenomenon of mass incarceration plagues the pretrial space. People awaiting trial make up roughly 20% of those held in criminal custody in the United States. Largely overlooked by bail-reform advocates, pretrial detention in the federal criminal system presents a puzzle. The federal system detains defendants at a much higher rate than the states—more than 60% of U.S. citizen-defendants were detained pending trial by federal courts last year. But federal defendants virtually never fail to appear in court, and they are rarely arrested for new crimes while on pretrial release. And unlike state court systems, cash bail is …

My Cash Is My Bond: Recognizing Rights To Cash Bail Forfeiture Exoneration In Washington, Olivia Hagel

Washington Law Review

When criminal defendants fail to appear for a court date after they are released on a bail bond or cash bail, Washington courts will likely forfeit their bail. And when the defendant reappears—whether a day, a month, or a year later—that same court might return, or “exonerate,” the bail bond or cash bail.

But Washington does not treat cash bail and bail bonds similarly in the context of forfeiture exoneration. Commercial bail bond agents enjoy robust statutory and judicial avenues for the return of their forfeited bail bonds. A little over one-hundred years ago, the Supreme Court of Washington treated …

White V. Hesse: Challenging An Oklahoma County's Bail Practices Under The Americans With Disabilities Act And The Rehabilitation Act, Andrew Hamm

Articles in Law Reviews & Journals

No abstract provided.

Monitoring The Misdemeanor Bail Reform Consent Decree In Harris County, Texas, Brandon L. Garrett, Sandra Guerra Thompson

Faculty Scholarship

No abstract provided.

Risk Assessments Are The Diagnosis Not The Cure: How Using Algorithms As Diagnostic Tools Can Prevent The Bait-And-Switch Of Unconstitutional Pretrial Practices, Yara M. Wahba

Chapman Law Review

This Comment takes a closer look at the very timely debate revolving around the cash bail system. This Comment surveys the history of bail, addresses the problems caused by cash bail, evaluates the two main schools of thought on bail reform, and proposes a comprehensive solution to the identified problems.

Exposing Police Misconduct In Pre-Trial Criminal Proceedings, Anjelica Hendricks

All Faculty Scholarship

This Article presents a unique argument: police misconduct records should be accessible and applicable for pre-trial criminal proceedings. Unfortunately, the existing narrative on the value of police misconduct records is narrow because it exclusively considers how these records can be used to impeach officer credibility at trial. This focus is limiting for several reasons. First, it addresses too few defendants, since fewer than 3% of criminal cases make it to trial. Second, it overlooks misconduct records not directly addressing credibility—such as records demonstrating paperwork deficiencies, failures to appear in court, and “mistakes” that upon examination are patterns of abuse. Finally, …