Federal Bail and Detention Handbook covers the Bail Reform Act of 1984, including relevant statutory language, legislative history and appellate case law, and “Practice Pointers” for defense counsel and government attorneys to utilize. This treatise examines each step of the process, such as requirements at the initial appearance; factors courts consider in determining whether bail should be granted; conditions that may properly be attached to a release on bail; proper procedures to be taken when there is a failure to appear; and appeal of orders of release and detention.
Highlights of the new edition include the following new case discussions:
- A Sixth Circuit panel’s decision to uphold a district court’s consideration of the current climate of political violence when determining the circumstances of a charged crime (Chapter 4, Factors the Court Considers)
- The Seventh Circuit’s finding that an ICE detainer does not protect a defendant from detention (Chapter 6, Pretrial Detention)
- The Tenth Circuit’s decision that a district judge’s order overrides a magistrate judge’s order, and subsequently that a court of appeals may not use a magistrate judge’s order to supplement an inadequate district judge’s order, specifically if the two orders differ on detention and release (Chapter 7, Orders of Release and Detention)
- The Sixth Circuit’s finding of exceptional reasons to support release when the government recommends release, as noted in a novel case involving a veteran law enforcement officer (Chapter 12, Detention or Release After Adjudication of Guilt)
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