Reading Room Document
"Bail Reform" or "Preventive Detention"
The document discusses the issue of "bail reform" or "preventive detention" and presents statistics on the number of individuals committing crimes while out on bail. It also outlines different measures of preventive detention and the constitutional questions they raise. The document concludes that there is support for a statute authorizing revocation or denial of bail in certain situations, but the arguments for such measures weaken as the circumstances become more extreme. The document presents questions about the constitutionality and policy implications of preventive detention measures and suggests that a carefully drawn statute addressing certain situations could effectively address the issue.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit