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Hold On: The Remarkably Resilient, Constitutionally Dubious "48-Hour Hold", Steven Mulroy
Hold On: The Remarkably Resilient, Constitutionally Dubious "48-Hour Hold", Steven Mulroy
Steven Mulroy
This article discusses the surprisingly widespread, little-known practice of “48-hour holds,” where police detain a suspect without charge or access to bail for up to 48 hours to continue their investigation; at the end of 48 hours, they either charge or release him. Although it has not been discussed in the scholarly literature, the practice has occurred in a number of large local jurisdictions over the past few decades, and continues today in some of them. The “holds” often take place, admittedly or tacitly, without the probable cause needed to charge a defendant, and thus in violation of the Fourth …
Conditions Of Pre-Trial Bail In Texas -- Oppressive And Excessive?, Charles B. Frye
Conditions Of Pre-Trial Bail In Texas -- Oppressive And Excessive?, Charles B. Frye
Charles B Frye
Judges have wide discretion in not only setting the amount of the pre-trial bond in a criminal case, but also in requiring "conditions" which apply to the defendant's behavior during pre-trial release. Often, these conditions are as onerous as the punishment for the crime for which the defendant has been accused, but not yet convicted.