The Bail Reform Act of 1984: A Comprehensive Guide

The Bail Reform Act of 1984 (BRA) is a landmark piece of legislation that has had a profound impact on the criminal justice system in the United States. The act was passed in response to a growing concern about the number of people who were being held in jail pretrial, often for months or even years, without being convicted of a crime.

The Bail Reform Act of 1984

by Benjamin Wittes

4.6 out of 5

Language	:	English
File size	:	1961 KB
Print length	:	96 pages
Screen Reader	:	Supported

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The BRA made a number of changes to the way that bail is set in the United States. Prior to the passage of the act, judges had wide discretion in setting bail. This meant that some people were being held on high bail amounts, while others were being released on low bail or no bail at all. The BRA established a more uniform system for setting bail, based on the risk of flight and the risk of danger to the community.

The BRA also created a new category of offenses, known as "violent crimes." These crimes are defined as offenses that involve the use or threat of force against another person. People who are charged with violent crimes are generally not eligible for bail.

The passage of the BRA was a major victory for criminal justice reform advocates. The act has helped to reduce the number of people who are held in jail pretrial, and it has also helped to make the bail system more fair and equitable.

History of the Bail Reform Act

The Bail Reform Act of 1984 was the culmination of a long effort to reform the bail system in the United States. The first bail reform laws were passed in the 1960s, but these laws were largely ineffective. In the 1970s, a number of high-profile cases involving people who were held in jail pretrial for months or even years without being convicted of a crime led to a renewed push for bail reform.

In 1982, the National Institute of Justice (NIJ) published a report that found that the bail system was "in need of major reform." The NIJ report made a number of recommendations for reforming the bail system, including:

• Establishing a risk-based bail system
• Creating a new category of offenses, known as "violent crimes"
• Limiting the use of money bail
• Providing for the release of defendants who cannot afford to pay bail

The Bail Reform Act of 1984 was based on the recommendations of the NIJ report. The act was passed by Congress with overwhelming bipartisan support and was signed into law by President Ronald Reagan.

Provisions of the Bail Reform Act

The Bail Reform Act of 1984 made a number of changes to the way that bail is set in the United States. These changes include:

• Establishment of a risk-based bail system: The BRA established a risk-based bail system, which means that the amount of bail is based on the risk of flight and the risk of danger to the community. Judges are required to consider a number of factors when setting bail, including the defendant's criminal history, the nature of the charges against the defendant, and the defendant's ties to the community.
• Creation of a new category of offenses, known as "violent crimes": The BRA created a new category of offenses, known as "violent crimes." These crimes are defined as offenses that involve the use or threat of force against another person. People who are charged with violent crimes are generally not eligible for bail.
• Limiting the use of money bail: The BRA limits the use of money bail. Money bail is only allowed in cases where the defendant is considered to be a flight risk or a danger to the community. In these cases, the judge must determine the amount of bail that is necessary to ensure the defendant's return to court and to protect the community from harm.
• Providing for the release of defendants who cannot afford to pay bail: The BRA provides for the release of defendants who cannot afford to pay bail. These defendants may be released on their own recognizance, or they may be released under the supervision of a pretrial services agency. Pretrial services agencies provide a variety of services to defendants, including supervision, counseling, and job placement.

Impact of the Bail Reform Act

The Bail Reform Act of 1984 has had a significant impact on the criminal justice system in the United States. The act has helped to reduce the number of people who are held in jail pretrial, and it has also helped to make the bail system more fair and equitable.

According to the Bureau of Justice Statistics, the number of people held in jail pretrial declined by 25% between 1984 and 2002. This decline was largely due to the passage of the BRA. The BRA has also helped to reduce racial disparities in the bail system. In 1984, African Americans were more likely to be held in jail pretrial than whites. By 2002, this disparity had been largely eliminated.

The BRA has been praised by criminal justice reform advocates for its positive impact on the criminal justice system. However, the act has also been criticized by some law enforcement officials, who argue that it has made it more difficult to keep dangerous criminals off the streets.

The Bail Reform Act of 1984 is a landmark piece of legislation that has had a profound impact on the criminal justice system in the United States. The act has helped to reduce the number of people who are held in jail pretrial, and it has also helped to make the bail system more fair and equitable. The BRA has been praised by criminal justice reform advocates, but it has also been criticized by some law enforcement officials.

The Bail Reform Act of 1984

by Benjamin Wittes

4.6 out of 5

Language	:	English
File size	:	1961 KB
Print length	:	96 pages
Screen Reader	:	Supported

FREE