Recommending Pretrial Incarceration or Setting Bails with the Intent of Incarceration Should be Prohibited

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Many risk assessments are calibrated to recommend just release and detention. No person or risk assessment in the United States of America should recommend the preventative detention of a person other than when preventative detention is specifically allowable pursuant to the facts and circumstances of that case. As noted above, we would advocate that recommending detention including using a risk assessment to make a recommendation up to and including detention should not occur.

No judge or prosecutor should intentionally seek or set bail with the specific purpose of detention, but instead shall set bails that are not excessive pursuant to constitutional and statutory provisions and meet the purposes for which bail is set.

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4th Generation of Bail Reform

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The 4th Generation of Bail Reform Thirty four years after the federal government embarked on this grand risk-based bail experiment, an experiment which no one thought constitutional at the time, it is now time instead for a fourth generation of bail reform. One that returns the American bail system into what it is supposed to be. A bail bond which is solely based on the defendant’s appearance in which judges set appropriate bail that balances the rights of the victim of crime, the person accused of the crime, and the people who seek to prosecute the accused.5.22 mb3411-21-2018 DownloadPreview