History

1) Judiciary Act of 1789

• Defined bailable offenses and established judicial limits on setting bail
• All noncapital offenses were bailable
• Bail was left to the discretion of the federal judge

• Established a statutory presumption in favor of pretrial release in all noncapital cases
• Primarily concerned with defendant's flight
• Attempt to set reasonable conditions of pretrial release and eliminate bond requirements
• Failed to address crimes committed by those awaiting trial

• First federal attempt to define eligibility for pretrial release using objective indicators such as danger to the community, as well as the risk of flight
• Provided procedural safeguards which judicial officers hade to follow in considering potential dangerousness or flight

• Effective as of 10/12/84
• Replaced Bail Reform Act of 1966
• Enacted as Ch. 1 of the Comprehensive Crime Control Act of...