A LAW OF PASSION, NOT OF PRINCIPLE, NOR EVEN PURPOSE: A CALL TO REPEAL OR REVISE THE ADAM WALSH ACT AMENDMENTS TO THE BAIL REFORM ACT OF 1984.
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| Title: | A LAW OF PASSION, NOT OF PRINCIPLE, NOR EVEN PURPOSE: A CALL TO REPEAL OR REVISE THE ADAM WALSH ACT AMENDMENTS TO THE BAIL REFORM ACT OF 1984. |
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| Authors: | Handler, Michael R. |
| Source: | Journal of Criminal Law & Criminology. Winter2011, Vol. 101 Issue 1, p279-308. 30p. |
| Subjects: | Bail Reform Act of 1984, Legislative amendments, United States. Congress, Due process of law, Constitutional law |
| Geographic Terms: | United States |
| Abstract: | The Bail Reform Act of 1984 lays out the rules and procedures for federal pretrial release and detention. In 2006, as part of the Adam Walsh Child Protection and Safety Act, Congress amended the Bail Reform Act. Before the Adam Walsh Act Amendments (AWA Amendments) were passed, a judicial officer decided whether to release a defendant, whether to impose pretrial release conditions, and what pretrial release conditions to impose on a case-by-case basis. The AWA Amendments, in contrast, impose mandatory pretrial release conditions, including electronic monitoring and curfew, on all defendants charged with certain enumerated sexual offenses against children. Many district courts have found mandatory imposition of pretrial release conditions unconstitutional and refuse to apply the AWA Amendments when setting bail. This Comment argues that Congress must repeal or revise the AWA Amendments to the Bail Reform Act of 1984 because they are unconstitutional under the Excessive Bail and Due Process Clauses, are completely inconsistent with the Bail Reform Act's core principle of individualized judicial determination of bail, and come at a great cost to the defendant at little or no additional benefit to the public. This Comment proposes that the AWA Amendments be revised so that certain pretrial release conditions are imposed based on a rebuttable presumption instead of mandatorily, as in, a judge will impose them unless a defendant can rebut their imposition with evidence that the conditions are unnecessary to ensure the public's safety. This proposed revision not only fulfills Congress's original purpose of increased safety in enacting the AWA Amendments, but it is also constitutional and consistent with the rest of the Bail Reform Act. [ABSTRACT FROM AUTHOR] |
| Copyright of Journal of Criminal Law & Criminology is the property of Northwestern University School of Law and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) | |
| Database: | Psychology and Behavioral Sciences Collection |
| FullText | Links: – Type: pdflink Text: Availability: 0 |
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| Header | DbId: pbh DbLabel: Psychology and Behavioral Sciences Collection An: 59285423 AccessLevel: 6 PubType: Academic Journal PubTypeId: academicJournal PreciseRelevancyScore: 0 |
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| Items | – Name: Title Label: Title Group: Ti Data: A LAW OF PASSION, NOT OF PRINCIPLE, NOR EVEN PURPOSE: A CALL TO REPEAL OR REVISE THE ADAM WALSH ACT AMENDMENTS TO THE BAIL REFORM ACT OF 1984. – Name: Author Label: Authors Group: Au Data: <searchLink fieldCode="AR" term="%22Handler%2C+Michael+R%2E%22">Handler, Michael R.</searchLink> – Name: TitleSource Label: Source Group: Src Data: <searchLink fieldCode="JN" term="%22Journal+of+Criminal+Law+%26+Criminology%22">Journal of Criminal Law & Criminology</searchLink>. Winter2011, Vol. 101 Issue 1, p279-308. 30p. – Name: Subject Label: Subjects Group: Su Data: <searchLink fieldCode="DE" term="%22Bail+Reform+Act+of+1984%22">Bail Reform Act of 1984</searchLink><br /><searchLink fieldCode="DE" term="%22Legislative+amendments%22">Legislative amendments</searchLink><br /><searchLink fieldCode="DE" term="%22United+States%2E+Congress%22">United States. Congress</searchLink><br /><searchLink fieldCode="DE" term="%22Due+process+of+law%22">Due process of law</searchLink><br /><searchLink fieldCode="DE" term="%22Constitutional+law%22">Constitutional law</searchLink> – Name: SubjectGeographic Label: Geographic Terms Group: Su Data: <searchLink fieldCode="DE" term="%22United+States%22">United States</searchLink> – Name: Abstract Label: Abstract Group: Ab Data: The Bail Reform Act of 1984 lays out the rules and procedures for federal pretrial release and detention. In 2006, as part of the Adam Walsh Child Protection and Safety Act, Congress amended the Bail Reform Act. Before the Adam Walsh Act Amendments (AWA Amendments) were passed, a judicial officer decided whether to release a defendant, whether to impose pretrial release conditions, and what pretrial release conditions to impose on a case-by-case basis. The AWA Amendments, in contrast, impose mandatory pretrial release conditions, including electronic monitoring and curfew, on all defendants charged with certain enumerated sexual offenses against children. Many district courts have found mandatory imposition of pretrial release conditions unconstitutional and refuse to apply the AWA Amendments when setting bail. This Comment argues that Congress must repeal or revise the AWA Amendments to the Bail Reform Act of 1984 because they are unconstitutional under the Excessive Bail and Due Process Clauses, are completely inconsistent with the Bail Reform Act's core principle of individualized judicial determination of bail, and come at a great cost to the defendant at little or no additional benefit to the public. This Comment proposes that the AWA Amendments be revised so that certain pretrial release conditions are imposed based on a rebuttable presumption instead of mandatorily, as in, a judge will impose them unless a defendant can rebut their imposition with evidence that the conditions are unnecessary to ensure the public's safety. This proposed revision not only fulfills Congress's original purpose of increased safety in enacting the AWA Amendments, but it is also constitutional and consistent with the rest of the Bail Reform Act. [ABSTRACT FROM AUTHOR] – Name: AbstractSuppliedCopyright Label: Group: Ab Data: <i>Copyright of Journal of Criminal Law & Criminology is the property of Northwestern University School of Law and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract.</i> (Copyright applies to all Abstracts.) |
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| RecordInfo | BibRecord: BibEntity: Languages: – Code: eng Text: English PhysicalDescription: Pagination: PageCount: 30 StartPage: 279 Subjects: – SubjectFull: Bail Reform Act of 1984 Type: general – SubjectFull: Legislative amendments Type: general – SubjectFull: United States. Congress Type: general – SubjectFull: Due process of law Type: general – SubjectFull: Constitutional law Type: general – SubjectFull: United States Type: general Titles: – TitleFull: A LAW OF PASSION, NOT OF PRINCIPLE, NOR EVEN PURPOSE: A CALL TO REPEAL OR REVISE THE ADAM WALSH ACT AMENDMENTS TO THE BAIL REFORM ACT OF 1984. Type: main BibRelationships: HasContributorRelationships: – PersonEntity: Name: NameFull: Handler, Michael R. IsPartOfRelationships: – BibEntity: Dates: – D: 01 M: 01 Text: Winter2011 Type: published Y: 2011 Identifiers: – Type: issn-print Value: 00914169 Numbering: – Type: volume Value: 101 – Type: issue Value: 1 Titles: – TitleFull: Journal of Criminal Law & Criminology Type: main |
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