pretrial_bail_system

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Nairobi Institute Of Business Studies *

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MISC

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Law

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Nov 24, 2024

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docx

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4

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1 Discussion Post: Pretrial Bail System Student’s First Name, Middle Initial(s), Last Name Institutional Affiliation Course Number and Name Instructor's Name and Title Assignment Due Date
2 Discussion Post: Pretrial Bail System The law states that an individual is innocent of the accused crime until proven guilty in a court of law. However, every year, people get arrested and end up as detention inmates hence the need to promote reforms in the criminal justice system (Oakes & Fleming, 2018). These people get detained in detention cells while being innocent under the law. The pretrial system presents crucial data that ensure the public's safety and appearance in court on the set date (NIC, 2020). The pretrial process's monetization puts many people at risk due to the inability to raise the required bail money. A just and fair pretrial bail system should include acceptable practices that ensure equality and avoid other factors that go against the principle of justice and fairness. First, the pretrial bail system should avoid overreliance on cash bail to determine the freedom of an accused person. The overreliance on cash bail results in many poor people spending their time in jail, which they could avoid if other options were considered (NACDL, 2018). Many detainees in detention prisons could not raise the required cash bail; hence, they spent an extended period incarcerated, awaiting their court trials. Also, taking into account the ability of the accused to raise the stated cash bail for small-time offenders is essential to ensure fairness. The failure of the system to consider an individual's economic situation while setting the amount of bail puts many of the accused persons at risk of being detained. Second, a fair and just pretrial bail system should have a well-designed pretrial risk assessment for each ruling and avoid using cash bail as a proxy for the risk associated with the release of an accused person awaiting trial (NACDL, 2018). The risk assessment should focus on the factors like prior arrests for the crime, the number of previous arrests, failure to appear in court, employment status, residency, substance abuse, the nature of the crime and whether the charge is a felony or a misdemeanor. The pretrial bail system should focus on these factors but
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