The Bail Reform Act of 1984 by Federal Judicial Center

The Bail Reform Act of 1984 by Federal Judicial Center

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The Bail Reform Act of 1984 by Federal Judicial Center

CONTENTS Preface I. Pretrial Release A. Release on Personal Recognizance B. Conditional Release C. Written Findings D. Advising Defendant of Penalty E. Revocation and Modification of Release 1. Revocation for Violation of Release Conditions 2. Modification or Revocation Where Defendant Has Not Violated Release Conditions I. Pretrial Detention A. Statutory Grounds B. Constitutionality C. Factors To Be Considered D. Standard of Proof E. Definition of Dangerousness F. Detention Hearing 1. Statutory Requirements 2. Timing of Detention Motion and Hearing a. Statutory requirement; remedy for a violation b. Continuances c. Waiver by defendant G. Rebuttable Presumptions 1. The Two Presumptions 2. Application of Drug-and-Firearm-Offender Presumption a. Ten-year maximum charge required b. Probable cause and grand jury indictments c. Formal charge required d. Effect of presumption e. Constitutionality H. Temporary Detention I. Detention Upon Review of a Release Order J. Evidence and Right to Counsel 1. Right to Counsel 2. Hearsay Evidence 3. Proffer Evidence 4. Cross-Examination 5. In Camera Evidence 6. Challenged Evidence 7. Electronic Surveillance 8. Psychiatric Examination K. Hearings Involving Multiple Defendants L. Written Findings I. Modification of Detention Order A. Changed Circumstances B. Length of Detention IV. Review by the District Court V. Review by the Court of Appeals VI. Release or Detention Pending Sentence VI. Release or Detention Pending Appeal A. Release Requirements B. Definitions of Substantial Question and Likely C. Exceptional Reasons VI. Release or Detention of a Material Witness IX. Offense Committed While on Bail X. Sanctions A. Failure to Appear B. Contempt XI. Credit Toward Detention Appendix A: The Bail Reform Act of 1984, 18 U.S.C. sections 3141-3150, 3156 Appendix B: The Sentencing Act of 1984 (Selected Provision), 18 U.S.C. section 3585 Table of Cases
ABOUT THE FEDERAL JUDICIAL CENTER:

The Federal Judicial Center is the research and education agency of the federal ju-dicial system. It was established by Congress in 1967 (28 U.S.C. 620-629), on the recommendation of the Judicial Conference of the United States. By statute, the Chief Justice of the United States chairs the Center's Board, which also includes the director of the Administrative Office of the U.S. Courts and seven judges elected by the Judicial Conference.
SKU Unavailable
ISBN 13 9781410221278
ISBN 10 141022127X
Title The Bail Reform Act of 1984
Author Federal Judicial Center
Condition Unavailable
Binding Type Paperback
Publisher University Press of the Pacific
Year published 2005-03-16
Number of pages 92
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
Note Unavailable