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Full-Text Articles in Law
Jail By Another Name: Ice Detention Of Immigrant Criminal Defendants On Pretrial Release, Kerry Martin
Jail By Another Name: Ice Detention Of Immigrant Criminal Defendants On Pretrial Release, Kerry Martin
Michigan Journal of Race and Law
This Article assesses the legality of an alarming practice: Immigration and Customs Enforcement (ICE) routinely detains noncitizen criminal defendants soon after they have been released on bail, depriving them of their court-ordered freedom. Since the District of Oregon’s decision in United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or. 2012), a growing group of federal courts has held that when ICE detains federal criminal defendants released under the Bail Reform Act (BRA), it violates their BRA rights. These courts have ordered that the government either free the defendants from ICE custody or dismiss their criminal charges. This …
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 …
Race, Poverty, And Bail: An Annotated Bibliography, Clanitra Stewart Nejdl
Race, Poverty, And Bail: An Annotated Bibliography, Clanitra Stewart Nejdl
Northern Illinois University Law Review
On June 9, 2017, Illinois's Bail Reform Act of 2017 was signed into law by Governor Bruce Rauner. Among other important provisions, the Act creates a presumption that non-monetary release conditions will be granted for defendants, requires that a defendant be provided an attorney for bail determination hearings, provides a bail credit for certain offenses, and authorizes the Illinois Supreme Court to create a non-discriminatory statewide risk assessment tool that could be used to make bail determinations. Despite the crucial improvements to Illinois's bail system achieved through the Act, some advocates argue that further reforms are still needed to protect …
Bail Reform In Colorado: A Presumption Of Release, Joshua J. Luna
Bail Reform In Colorado: A Presumption Of Release, Joshua J. Luna
University of Colorado Law Review
Interest in bail reform has ebbed and flowed in the United States since the 1960s. Recently, a condemning look at bail administration and pretrial detention across various jurisdictions has pushed bail reform to the policy forefront at both the national and state levels. In 2013, Colorado's General Assembly reformed its bail statute to decrease reliance on monetary bail and promote pretrial services programs in an attempt to prevent unnecessary pretrial detention of low-income defendants who present low risks for flight and threat to community safety. This reform was a much-needed step in the right direction. But the new bail statute …
Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman
Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman
Washington and Lee Law Review
In a criminal system that tips heavily to the side of wealth and power, we routinely detain the accused in often horrifying conditions, confined in jails while still maintaining the presumption of innocence. Here, in the rotting jail cells of impoverished defendants, lies the Shadowlands of Justice, where the lack of criminal procedure has produced a darkness unrelieved by much scrutiny or concern on the part of the law. This Article contends that our current system of pretrial detention lies in shambles, routinely incarcerating the accused in horrifying conditions often far worse than those of convicted offenders in prisons. Due …
Bail: Reforming Policies To Address Overcrowded Jails, The Impact Of Race On Detention, And Community Revival In Harris County, Texas, Marcia Johnson, Luckett Anthony Johnson
Bail: Reforming Policies To Address Overcrowded Jails, The Impact Of Race On Detention, And Community Revival In Harris County, Texas, Marcia Johnson, Luckett Anthony Johnson
Northwestern Journal of Law & Social Policy
Starting in the 1970s, the U.S. federal government and many state and local governments adopted “get tough” policies against crime. These new strict policy initiatives produced an explosion of incarceration in prisons throughout the country. They also impacted local jails as well, particularly in the numbers of persons detained pre-trial. This Article explores this phenomenon and its implications for local governments, as well as its unforeseen consequences on communities, particularly communities of color. The Article uses Harris County, Texas to exemplify the systematic problems resulting from the over-jailing of its citizens, particularly persons who are detained pre-trial. We attempt to …
The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman
The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman
Touro Law Review
No abstract provided.
Of Rights Lost And Gained, Patricia A. Dore
Of Rights Lost And Gained, Patricia A. Dore
Florida State University Law Review
No abstract provided.
An End To Ransom: The Case For Amending The Bail Provision Of The Florida Constitution, Bennett H. Brummer, Bruce S. Rogow
An End To Ransom: The Case For Amending The Bail Provision Of The Florida Constitution, Bennett H. Brummer, Bruce S. Rogow
Florida State University Law Review
No abstract provided.
The Florida Rules Of Criminal Procedure: 1977 Amendments, John F. Yetter
The Florida Rules Of Criminal Procedure: 1977 Amendments, John F. Yetter
Florida State University Law Review
No abstract provided.