Describe the history of pretrial release. Use examples from your text.
What will be an ideal response?
Early research into pretrial release indicated that being pretrial detention was deleterious to a defendant's sentencing outcome. Subsequently, release became standardized, and bail was offered as a way to guarantee a defendant's return to court. The Manhattan Bail Project, a response to the inadequacies of the bail system to serve the needs of poor defendants, provided the first opportunity for defendants to be granted release on recognizance (ROR) before their next scheduled court date. This, in turn, led to the Federal Bail Reform Act of 1966, which established guidelines on appropriate bail amounts and alternatives to detention for those unable to afford bail. Pretrial programs became so successful that within two decades, more than 200 cities had developed such programs. Growing concern about the risks posed by some pretrial defendants led to the passage of a second Bail Reform Act in 1984 that included the safety of the public as an important criterion in a decision to detain a pretrial defendant. When this act was challenged in the courts, the U.S. Supreme Court upheld the act, affirming that pretrial detention served not for punishment but for high-risk defendants who posed a threat to themselves or to others (United States v. Salerno, 1987).
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