Bail Reform Acts

Bail Reform Act of 1984

History

1) Judiciary Act of 1789

Defined bailable offenses and established judicial limits on setting bail

All noncapital offenses were bailable

Bail was left to the discretion of the federal judge

2) Bail Reform Act of 1966

Established a statutory presumption in favor of pretrial release in all noncapital cases

Primarily concerned with defendant's flight

Attempt to set reasonable conditions of pretrial release and eliminate bond requirements

Failed to address crimes committed by those awaiting trial

3) D.C Court Reform and Criminal Procedures Act of 1970

First federal attempt to define eligibility for pretrial release using objective indicators such as danger to the community, as well as the risk of flight

Provided procedural safeguards which judicial officers hade to follow in considering potential dangerousness or flight

4) The Bail Reform Act of 1984

Effective as of 10/12/84

Replaced Bail Reform Act of 1966

Enacted as Ch. 1 of the Comprehensive Crime Control Act of 1984

Patterned after D.C. Act

Bail Reform Act of 1984

1) Provided

Allows a federal judge to detain an arrestee pending trial if a defendant constitutes a danger to other persons or to the community

Sets forth procedures for a judicial officer to order the release or detention of an arrested person pending trial, sentencing, and appeal

Prescribes consecutive penalties for failure to appear and committing offenses while on release

Attempt by Congress to strike a balance between society's need for protection from crime and accused right to adequate proce...

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...intimidate a witness or juror

Conclusion: Congress hoped to achieve a greater degree of accuracy in assessing flight and danger of arrestees through establishing the Bail Reform Act of 1984, which set objective guidelines for judicial officers in assessing release conditions including taking into account for the first time the probability an offender will re-offend while on pretrial release. It was also hoped that the Act would bring back the community's trust in bond setting practice. Overall, the benefits of the Bail Reform Act of 1984 do exceed any detriments, but some problems do exist. These problems include the uniformity in the application of the Bail Reform Act of 1984, as well as the interpretation of dangerousness to the community. Through future legislative and executive reform, this Act will go through multiple changes until these issues are addressed.