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Articles 1 - 15 of 15
Full-Text Articles in Law
Progressive Facade: How Bail Reforms Expose The Limitations Of The Progressive Prosecutor Movement, Sarah Gottlieb
Progressive Facade: How Bail Reforms Expose The Limitations Of The Progressive Prosecutor Movement, Sarah Gottlieb
Washington and Lee Law Review
Progressive prosecutors have been acclaimed as the new hope for change in the criminal legal system. Advocates and scholars touting progressive prosecution believe that progressive prosecutors will use their power and discretion to address systemic racism and end mass incarceration. Just as this hope has arisen, however, so have concerns that meaningful change cannot be enacted within the criminal system by the very actors whose job it is to incarcerate. This Article highlights these concerns by looking at the bail reforms enacted by four different progressive prosecutors and analyzes the initial promises made, the actions taken to reform and eliminate …
Does Public Health Start Within Jails? A New Incentive For Reform Of Wisconsin's Bail System, Mahmood N. Abdellatif
Does Public Health Start Within Jails? A New Incentive For Reform Of Wisconsin's Bail System, Mahmood N. Abdellatif
Marquette Law Review
Wisconsin’s Milwaukee and Dane Counties are among many jurisdictions in the country employing modern bail reforms, specifically the Public Safety Assessment (PSA). Most of these jurisdictions adopted the PSA before the advent of the COVID-19 pandemic in the United States, but are increasingly relevant as the virus continues to derail public health measures. Through the intersection of detainees, correctional officers, judicial officials, attorneys, and visitors, millions of Americans filter in and out of correctional facilities on an annual basis. These facilities serve as a microcosm of society and breeding ground for mass infection. The COVID-19 pandemic amplified an existing need …
Decriminalizing Non-Appearance In Washington State: The Problem And Solutions For Washington’S Bail Jumping Statute And Court Nonappearance, Aleksandrea Johnson
Decriminalizing Non-Appearance In Washington State: The Problem And Solutions For Washington’S Bail Jumping Statute And Court Nonappearance, Aleksandrea Johnson
Seattle Journal for Social Justice
No abstract provided.
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
Journal of Race, Gender, and Ethnicity
No abstract provided.
Progressive Prosecution: It’S Here, But Now What?, Hao Quang Nguyen
Progressive Prosecution: It’S Here, But Now What?, Hao Quang Nguyen
Mitchell Hamline Law Review
No abstract provided.
Bail Reform And Intimate Partner Violence In Maine, Mac Walton
Bail Reform And Intimate Partner Violence In Maine, Mac Walton
Maine Law Review
The bail reform movement is leading to pretrial practice changes across the country, largely aimed at reducing pretrial detention rates or uncoupling pretrial detention from money. These reforms often include expanding or formalizing the role of actuarial risk assessment tools in bail determinations. Maine has not enacted bail reforms to expressly reduce pretrial detention, but since 2015, Maine courts have been using a risk assessment tool in bail decisions in intimate partner violence cases. Analysis of risk assessment practices in Kentucky and New Jersey, in comparison with the particular considerations in IPV cases, can inform Maine’s current bail system and …
Honoring Innocent Until Proven Guilty: Switching The Default Rule From Pretrial Detention To Pretrial Release In Texas's Bail System, Stephen Rispoli
Honoring Innocent Until Proven Guilty: Switching The Default Rule From Pretrial Detention To Pretrial Release In Texas's Bail System, Stephen Rispoli
Texas A&M Law Review
Texas’s current prison population consists of far more pretrial detainees than convicted criminals. Despite United States and Texas constitutional protections, the default rule in many jurisdictions, including Texas, detains misdemeanor and non-violent felony defendants unless they can post a monetary bond or get a surety to post the bond for them (“bail bond”) to obtain their release. Most pretrial detainees remain detained due not to their alleged dangerousness, but rather because they simply cannot afford to post bail (or get someone to post it for them). As a result, many pretrial detainees find themselves choosing between hamstringing their financial future …
Bail And Mass Incarceration, Samuel Wiseman
Bail And Mass Incarceration, Samuel Wiseman
Georgia Law Review
It is widely known that the United States has the highest incarceration rate in the developed world, and the causes and ramifications of mass incarceration are the subject of intense study. It is also increasingly widely recognized that the high rates of pretrial detention, often linked to the use of money bail, are unjust, expensive, and often counterproductive. But, so far, the links between money bail, pretrial detention, and mass incarceration have been largely unexplored. Our criminal justice system relies primarily on plea bargains to secure convictions at a relatively low cost. And, as shown by recent empirical work, the …
Mcmanus V. Horn: The Legality Of Setting A Single Form Of Bail, Maureen Wynne
Mcmanus V. Horn: The Legality Of Setting A Single Form Of Bail, Maureen Wynne
Touro Law Review
No abstract provided.
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 …
A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy
A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy
Fordham Law Review
No abstract provided.
A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy
A New Approach To Bail Release: The Proposed Federal Criminal Code And Bail Reform, Edward M. Kennedy
Fordham Law Review
No abstract provided.
Bail Reform For The Eighties: A Reply To Senator Kennedy , Steven Duke
Bail Reform For The Eighties: A Reply To Senator Kennedy , Steven Duke
Fordham Law Review
No abstract provided.
Bail And Bail Bondsmen: Need For Reform In Kentucky, Frank Stainback
Bail And Bail Bondsmen: Need For Reform In Kentucky, Frank Stainback
Kentucky Law Journal
No abstract provided.
Bail Reform In The State And Federal Systems, Law Review Staff
Bail Reform In The State And Federal Systems, Law Review Staff
Vanderbilt Law Review
The origin of the institution of bail is not entirely known, but it is believed to have originated in medieval England as a device to free untried prisoners. The definitive structure of the process seems to have been first codified in 1275 in the Statute of Westminster. The institution developed gradually and eventually became so well established that the English Bill of Rights of 1688 provided that "excessive bail ought not to be required."' The factors contributing to the development of the institution of bail were primarily matters of practical importance. Disease-ridden jails, delayed trials by traveling justices, and insecure …