The Bail Necessity in the Pretrial Detention

Introduction

The benefits of cash bail revocation in New Jersey are the ability for a potentially non-threatening or wrongly accused person to get out before trial and organize his or her defense. It gives suspects with little wealth the opportunity to have their pretrial detention revoked. However, there are many more limitations than advantages.

Discussion

First, no one can say with certainty that the court has enough information to determine a suspect’s level of danger before a full investigation and parsing of the data (Dobbie & Yang, 2021). Second, in some circumstances, the subjective decisions of state judges can be flawed. Because of this, there is a danger not only of the offender fleeing before trial but also of the threat of recidivism. Such a decision may violate the rights of all law-abiding citizens, which is unacceptable.

There are several potential dangers in the case of a bail bond loan. In most cases where the suspect cannot redeem himself, such a service would impose even more outstanding obligations on him and could provoke him to criminal acts. Additional methods of deterrence and defendant court attendance should be developed rather than promoting recidivism while letting a potentially dangerous individual go free. Logically, bail agents are the most dangerous factor in the commission of crimes and should be removed from their function regardless of crime or state.

A complete determination of the level of brutality of an offender is impossible, given the myriad of factors and circumstances and the lack of time or appropriate specialists. The above example of the bank thief only underscores the inability of the judiciary to adequately and appropriately assess the level of danger from suspects. Regardless of bail, waiting for trial is a psychological pressure factor that can push even an admittedly non-threatening criminal to flee or commit a serious crime.

Conclusion

The best solution is not to have judges participate in bail decisions but to cancel them altogether and devote the time that would have been spent on that determination to the investigation. The sooner and more effectively the investigation is completed, the sooner the guilty will be convicted, and the innocent will be released (Monaghan et al., 2022). Any bail release can be a cause of aggravation or a prolongation of the case and an excuse for corruption. The focus of the structure should be on a fair and detailed case, not on a fixed ransom amount for the perpetrator.

References

Dobbie, W., & Yang, C. S. (2021). The US pretrial system: Balancing individual rights and public interests. The Journal of Economic Perspectives: A Journal of the American Economic Association, 35(4), 49–70. Web.

Monaghan, J., van Holm, E. J., & Surprenant, C. W. (2022). Get jailed, jump bail? The impacts of cash bail on failure to appear and re-arrest in Orleans parish. American Journal of Criminal Justice: AJCJ, 47(1), 56–74. Web.

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StudyCorgi. "The Bail Necessity in the Pretrial Detention." December 5, 2023. https://studycorgi.com/the-bail-necessity-in-the-pretrial-detention/.

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StudyCorgi. 2023. "The Bail Necessity in the Pretrial Detention." December 5, 2023. https://studycorgi.com/the-bail-necessity-in-the-pretrial-detention/.

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