The six big subject matter areas necessary for understanding any issue surrounding bail and no ba... more The six big subject matter areas necessary for understanding any issue surrounding bail and no bail in America. Current to 2014. After 2014, contact the author.
How to set bail (or do bail and no bail) while following the Fundamentals of Bail, which is to ma... more How to set bail (or do bail and no bail) while following the Fundamentals of Bail, which is to make an on-purpose release/detain decision. This was the first major paper directly addressing the use of bail in the Third Generation of Bail in America.
American law requires a broad right to pretrial release, but allows jurisdictions to create ratio... more American law requires a broad right to pretrial release, but allows jurisdictions to create rational and fair laws allowing pretrial detention in narrow categories of cases. When jurisdictions declare who is eligible for release and detention, they create a "release/detain" dichotomy, a notion extending back hundreds of years in both America and England. Until now, virtually all jurisdictions have expressly declared most persons eligible for release, but with limited exceptions articulated through detention eligibility laws based primarily on criminal charge as a proxy for pretrial risk. These release/detain dichotomies have been clouded through the use of money, which has led to the unwise release or (far more frequently) the unlawful detention of people accused of crimes. For a number of reasons, including increased focus upon the use of money as a condition of release or a mechanism of detention, many jurisdictions are now either choosing or being forced to craft new laws articulatingupfront and on purposewhich defendants are to be released, and which are to be eligible for, and ultimately held through, pretrial detention. In most cases, jurisdictions crafting these new laws have articulated a desire to move from a charge-based system to a "riskbased" or "risk-informed" system of release and detention.
How to determine the meaning of your state's constitutional right to bail clause for purposes of ... more How to determine the meaning of your state's constitutional right to bail clause for purposes of the Uniform Law Commission's Uniform Pretrial Release and Detention Act. The right to bail is likely the right not to be detained on purpose beyond any charges listed in the constitutional detention eligibility net.
The six big subject matter areas necessary for understanding any issue surrounding bail and no ba... more The six big subject matter areas necessary for understanding any issue surrounding bail and no bail in America. Current to 2014. After 2014, contact the author.
How to set bail (or do bail and no bail) while following the Fundamentals of Bail, which is to ma... more How to set bail (or do bail and no bail) while following the Fundamentals of Bail, which is to make an on-purpose release/detain decision. This was the first major paper directly addressing the use of bail in the Third Generation of Bail in America.
American law requires a broad right to pretrial release, but allows jurisdictions to create ratio... more American law requires a broad right to pretrial release, but allows jurisdictions to create rational and fair laws allowing pretrial detention in narrow categories of cases. When jurisdictions declare who is eligible for release and detention, they create a "release/detain" dichotomy, a notion extending back hundreds of years in both America and England. Until now, virtually all jurisdictions have expressly declared most persons eligible for release, but with limited exceptions articulated through detention eligibility laws based primarily on criminal charge as a proxy for pretrial risk. These release/detain dichotomies have been clouded through the use of money, which has led to the unwise release or (far more frequently) the unlawful detention of people accused of crimes. For a number of reasons, including increased focus upon the use of money as a condition of release or a mechanism of detention, many jurisdictions are now either choosing or being forced to craft new laws articulatingupfront and on purposewhich defendants are to be released, and which are to be eligible for, and ultimately held through, pretrial detention. In most cases, jurisdictions crafting these new laws have articulated a desire to move from a charge-based system to a "riskbased" or "risk-informed" system of release and detention.
How to determine the meaning of your state's constitutional right to bail clause for purposes of ... more How to determine the meaning of your state's constitutional right to bail clause for purposes of the Uniform Law Commission's Uniform Pretrial Release and Detention Act. The right to bail is likely the right not to be detained on purpose beyond any charges listed in the constitutional detention eligibility net.
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