Q: What does the Bail Reform Act of 1984 say?
Bail Reform Act of 1984 – authorizes confinement awaiting trial
community’s interest in safety, protection from D’s awaiting trial
where no conditions will assure appearance
do have a detention hearing
must go to trial within a certain period of time or released on bail
right to interlocutory appeal re. bail
Salerno – BRA’s allows federal court to detain an arrestee pending trial if government demonstrates by clear and convincing evidence after an adversary hearing that no release conditions will reasonably assure the safety others and community. Held constitutional, within DP requirements.
danger to community established by clear and convincing evidence
presumption of innocence and burden BRD only applies to trial, not pre-trial
not penal proceedings, but a regulatory sanction (so more leeway)
right to interlocutory appeal
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