The Bail Reform Act

1 The Bail Reform Act Joey Maltese is charged with six counts of fraud, six counts of tax evasion, embezzlement and the intent to commit murder. According to the team prosecuting Joey, he is a threat to public safety. The Bail Reform Act of 1984 states that arrestees that are charged with serious offenses may be detained prior to trial if there is sufficient and substantial evidence to prove that they pose a threat to the public if they are released. The arrestee has the right to request defend himself before the court, to present witnesses, to be represented by (a) lawyer(s), and to crossexamine the witnesses that testify against them. The goal of the Bail Reform Act is to avoid serious offenders who demonstrate the intent to commit more crime from inflicting harm on innocent victims pending their trial. The safety of the members of the community is prioritized.

The provisions of the Bail Reform Act of 1984 are; firstly, the arrestee should not commit any crime during the release period. If the person is granted release, the conditions of release are that firstly, the person must be enrolled in an education program or maintain employment for the entire duration of their release. Secondly, the accused should not have any contact with the victims or witnesses. Thirdly, the person must report to their law enforcement officer regularly.

Buy this excellently written paper or order a fresh one from ace-myhomework.com

2 Fourthly, if the person is placed under curfew or house arrest, they must comply. Fifthly, the person must not possess a firearm. Sixthly, the person must refrain from using alcohol and narcotics. Seventh, the person must undergo treatment for any conditions they may have or acquire during the release period. Eighth, the person must appear when required by their law enforcement agency, failure to which they have to forfeit their designated property (Travis III, 2010). Lastly, the person must always return to consider at the time that they are required.

A good number of people are jailed before they are found guilty of committing a crime, and as a result, there are many innocent people in victims, and many guilty people who are free.

Some states use risk assessment tools to correct this problem. Risk-assessment tools are an instrument used in the assessment of criminal justice to evaluate whether a defendant is truly a threat to the public and also whether they are a flight risk, that is, they might fail to show up for trial. The Risk-Needs Assessment is used by the jury to make determinations about granting bail.

A defendant whose flight risk is high and shows probability that they will be a risk to the public might be denied bail. Alternatively, the bail will be set so high that it will not be possible for the defendant to raise it under reasonable circumstances (Travis III, 2010). The Risks-Needs Assessment tool ensures that the poor and the rich are treated alike in the justice system. That is the poor do not simply go to jail because they lack the money and the rich are not granted freedom because they are able to buy it.

Joey’s case will be challenging to defend successfully because there are numerous charges against him. He is charged with six counts of fraud, six counts of tax evasion, embezzlement and the intent to commit murder; this shows that he is a serious criminal. The defendant’s attorney must be able to prove that each of the charges brought against him are false.

3 The prosecution should produce witnesses and other tangible evidences that Joey’s charges are untrue.

Judging from the charges brought against Joey, there is a high chance that he poses a significant risk to the community. He is charged with conspiracy to commit murder which means that if given adequate opportunity, he might try to get rid of the witnesses or hide the evidence.

He is also charged with several counts of tax fraud and tax evasion, for which if found guilty, he is likely to be sentenced heavily. Given the magnitude of his crimes, he poses a flight risk and might be a danger to the community.

There is also a probability that Joey might not be a danger to the community because majority of his crimes are of a financial nature. A person who commits financial crimes might not pose as much risk to the community as someone who has committed crimes against humanity such as robbery with violence. Probably, the worst that Joey could do is to try and cover up his tax crimes by hiding the evidence or talking to the witnesses.

Explain what the U.S. Supreme Court said in United States v. Salerno regarding whether the Eighth Amendment requires release on bail In 1984, the U.S. Congress realized that some criminals were a danger to their community if they were released pending trial. In cases where the Government is able to prove that the defendant will violate the release conditions, it is expected to prioritize protecting the safety of the community. In 1987, this act was challenged by the United States v. Salerno case.

This case involved two defendants, Salerno and Cafaro versus the United States. The two offenders were charged with violating the Racketeer Influenced and Corrupt Organizations Act. Upon their arraignment, the Government argued that the accused should be held in custody according to the Bail Reform Act of 1984 (Travis III, 2010). The government’s argument was

4 that the two defendants were leaders of an organized crime family and therefore their influence and authority ultimately meant that they were a danger to the community.

The U.S. Supreme Court ruled that the Bail Reform Act of 1984 which allowed detention prior to sentencing if there was sufficient proof that the community would not be in danger if a suspect is released. The court had to ensure that it would not act in violation of the Fifth Amendment or require excessive bail under the Eighth Amendment. The Supreme Court thus ruled that the Bail Reform Act of 1984 was constitutional and could be applied in the case of the United States v Salerno to prevent further harm and danger to the community. The government’s mandate to protect the community overruled people’s rights to individual liberty. Therefore, if the prosecutors can prove without doubt that granting Joey freedom endangers the community, the first priority would be to ensure that he is held in custody for the entire duration of the trial, until proven either innocent or guilty.

5 Reference Travis III, L. F. (2010). Introduction to Criminal Justice. Routledge.