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Full-Text Articles in Law
Free-Ing Criminal Justice, Bennett Capers
Free-Ing Criminal Justice, Bennett Capers
Michigan Law Review
A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux
Bail Nullification, Jocelyn Simonson
Bail Nullification, Jocelyn Simonson
Michigan Law Review
This Article explores the possibility of community nullification beyond the jury by analyzing the growing and unstudied phenomenon of community bail funds, which post bail for strangers based on broader beliefs regarding the overuse of pretrial detention. When a community bail fund posts bail, it can serve the function of nullifying a judge’s determination that a certain amount of the defendant’s personal or family money was necessary to ensure public safety and prevent flight. This growing practice—what this Article calls “bail nullification”—is powerful because it exposes publicly what many within the system already know to be true: that although bail …