Pretrial Release

Front 1

What are the goals of the criminal Process

Back 1

Fairness, accuracy, efficiency, and limitations on the power of the gov. to find or use evidence

Front 2

What are the 2 gov. interest in determining whether to release/detain

Back 2

1. Making sure D shows up for trial (flight risk)
2. Ensuring D does not commit further crimes (harm to community)

Front 3

What are the possible hardships with DF face if detained

Back 3

May spend 1/2-1 year in jail, can't adequetely prepare for trial, unable to work= loss of income= family problems, No income= can't hire private atty

Front 4

What are the 2 citation releases available? Give examples

Back 4

1. Field release-- ex. traffic ticket
2. Stationhouse release== D is taken to jail for booking but official releases

Front 5

What are 3 other types of release that don't involve posting bond

Back 5

1. Own recognizance, 2. supervised release, 3. 3rd pty custody

Front 6

What are the 3 types of bonds

Back 6

Unsecured bond, Deposit bond, Full bond

Front 7

What amendment give the right to non-excessive bail?

Back 7

8th

Front 8

Does the 8th Amendment require the judge to set bail?

Back 8

No. There is no const'l right to bail

Front 9

8th Amendment right to non-excessive bail means that it cannot be an unduly high amount. What do you factors determine whether it is unduly high? What case does this come from?

Back 9

Stack v. Boyle. 1. The nature & circustance of the OFFENSE, the weight of EVIDENCE, the FINANCIAL ability of the DF, CHARACTER of DF

Front 10

What case said that the ct must anayize each individual's sitation to determine the appropriate bail amount. And bail should be no higher than what is needed to give ct assurance that DF will return?

Back 10

Stack v. Boyle

Front 11

What act allows a fed. ct to detain an arrestee pending trial if the Gov. demonstrates by clear and convincing evidence that no release conditions will reasonably assure the appearance of the D and the safety of any other person and the community

Back 11

Bail Reform Act

Front 12

What 3 instances must bail determination be made

Back 12

1. Pending trial
2. Pending Sentence
3. Pending Appeal

Front 13

What conditions are there for D's released on personal recognizance or unsecured appearance bond?

Back 13

Person cannot commit any crime pending trial

Front 14

If ct determines that release on perona recognizance or unsecured bond will not reasonably assure the appearance or will endanger the safety of the community, then what is the cts next option?

Back 14

Order pretrial release subject to conidiont that D not commit further crimes and order the least restrictive conditions to assure the D won't flees or pose a danger to the community

Front 15

Name 10 of the possible conditions for Release under the Bail Reform Act

Back 15

S. p. 4-5 of outline

Front 16

What kind of detention will ct use when someone commits a crime while on release but in another jxn, or when someone is in the U.S. ilegally?

Back 16

Temporary detention

Front 17

How long may someone be temporarily detatined

Back 17

Up to 10 days

Front 18

If after a detention hearing the ct finds that he cannot assure the _____ and future ______ in trial, the officer shall order _______

Back 18

1. Safety
2. Attendence
3. Detention

Front 19

If DF has an (f)(1) or equivalent in his prior history, the curent offense was commited while D was on release, and the prior conviction was fiv years or less from this offense-- then there is a ______ ______ that no _____ or combination of ______ will reasonably assure the safety of the community

Back 19

rebuttable presumption; condition; conditions;

Front 20

T/F- You can always have a hearing but you shall have one if an f(1) is involved

Back 20

T

Front 21

What are the 4 f(1) crimes

Back 21

1. Crime of violence
2. Offense for which the max. sentence is life/death
3. Offense for which the max sentence is 10 + for Controlled Substance
4. Any felony if the person has been convicted for 2+ of the above crimes (fed and state)

Front 22

1. Can an f(1) crime of violence include robbing a bank w/ out of weapon? Why or why not

Back 22

Yes- b/c Crime of Violence includes a felony that involves a substantial risk that phsyical force may be used

Front 23

Besides (f)1 crimes, when else can there be a detention hearing?

Back 23

When there is a serious risk person will flea or when the person might obstruct justice (such as threaten witness)

Front 24

If someone jay walks-- but has two prior convictions both involving crimes of violence--- do they have to have a detention hearing

Back 24

Yes- b/c they had 2 prior convitions of f1s---the mere fact he was arrested again (regardless if it an f1--makes it an f1.

Front 25

If the gov. want Df detained on basis of flight risk-- he must prove that D is a flight risk by ____________

Back 25

preponderance of evidence

Front 26

If gov. wants D detained based on danger to the community, he must prove this by _______________

Back 26

clear and convincing evidence

Front 27

What is the motion-- requesting the magistrate to revoke/amend the order of the condition for release

Back 27

Motion for Reconsideration

Front 28

After sentencing but b4 an appeal-- on what conditions will judge not detain D

Back 28

person not likely to flee or pose danger AND either sentence does not include imprisonment or sentence likely to be reversed--

Front 29

T/F If there is a material witness that you cannot procure his appearance by subpoena, you can detain him/her

Back 29

Yes

Front 30

According to Salerno-- the Bail Reform Act does not violate the DPC by allowing DF to be detained based on danger to the communtity b/c preventing danger to the community is a legitmate regulary goal..and not punishment. Give a hypo that would sum up Marshall's dissent

Back 30

A client is incarcerated for four months and then is convicted. He gets credit for the time served-- so in essence, the four months were part of punishment-- not regulatory.