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2004

Risk

University of Michigan Journal of Law Reform

Criminal Law

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Hearing The Danger Of An Armed Felon- Allowing For A Detention Hearing Under The Bail Reform Act For Those Who Unlawfully Possess Firearms, Matthew S. Miner Apr 2004

Hearing The Danger Of An Armed Felon- Allowing For A Detention Hearing Under The Bail Reform Act For Those Who Unlawfully Possess Firearms, Matthew S. Miner

University of Michigan Journal of Law Reform

This Article advocates an interpretation of the Bail Reform Act that affords courts the ability to hold detention hearings in gun crime cases to evaluate defendants' potential danger to the community. According to an interpretation advanced by some courts, gun possession offenses do not constitute "crimes of violence" within the meaning of the Act and therefore those charged with such crimes, even ifth ey have a prior felony conviction, are not subject to pre-trial detention. Arguing against this approach, the Article looks to the Bail Reform Act, the relevant federal case law, and the alarming statistics concerning the growing use …