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- Title
MAKING BAIL AND MELTING ICE.
- Authors
Brickenstein, Eric
- Abstract
The federal executive branch's zealous enforcement of the Immigration and Nationality Act is, at times, in conflict with the Bail Reform Act which requires that, absent exceptional circumstances, federal criminal defendants be released from federal custody pending trial. That conflict has resulted in a pattern of improper pretrial detention of alien defendants accused of federal crimes. That trend is fueled in part by a legislative detention quota and enabled by a judiciary that is too often unduly reluctant to afford alien defendants the full protection of their statutory right to pretrial release. Part I of this Comment considers the law and policy that has led to an increasing number of alien defendants being unjustly detained while they await criminal trial. Next, Part II considers the impact of improper pretrial detention on its immediate victims and American society as a whole. Finally, Part III proposes solutions.
- Subjects
UNITED States; BAIL; NONCITIZEN criminals; BAIL Reform Act of 1984 (U.S.); LEGAL status of pretrial detainees; LEGAL status of criminal defendants; LAW enforcement; ARREST; UNITED States. Immigration &; Nationality Act; LEGAL status of noncitizens; LAW
- Publication
Lewis & Clark Law Review, 2015, Vol 19, Issue 1, p229
- ISSN
1557-6582
- Publication type
Article