PRE-TRIAL RELEASE

Question 1

factors for determining pre-trial release

Answer 1

flight risk, dangerouness (to society or intimidating witnesses), life circumstances (job, housing, etc.), criminal recrod

Question 2

outcomes of pre-trial release adjudications (2)

Answer 2

detained (temporarily until trial) or released (under various conditions)

Question 3

Stack v. Boyle rule ($50,000 bail)

Answer 3

Δ’s bail cannot be set higher than amount reasonably likely to ensure Δ’s presence at case & can’t be more than penalty for alleged crime

Question 4

US v. Salermo holding (Bail Reform Act constitutionality)

Answer 4

Act found constitutional; permits federal courts to detain arrestees prior to trial if gov’t can prove they are a danger to society; reasoning used by court = detainment is a regulatory function & not a punitive one

Question 5

preventative detention (Bail Reform Act)

Answer 5

Act applies to certain crimes & if gov’t can prove by clear & convincing evidence detainee is a danger to society, then no pre-trial release granted