More Appealing: Reforming Bail Review in State Courts

46 Pages Posted: 16 Jul 2018 Last revised: 21 May 2019

See all articles by Dorothy Weldon

Dorothy Weldon

Columbia Law Review; Columbia University, Law School

Multiple version iconThere are 2 versions of this paper

Date Written: January 16, 2018

Abstract

On any given day, local jails detain nearly half-a-million people who cannot afford bail. Opposition to this status quo, and to monetary conditions of pretrial release more broadly, has reached a fever pitch in recent years. Critics from across the political spectrum decry bail as a wellspring of mass incarceration and acknowledge its profoundly discriminatory effects, particularly within low-income communities of color. Academic studies link bail to poorer case outcomes and a myriad of destabilizing collateral consequences for pretrial detainees. And local justice systems have begun to grapple with the high human and economic costs of incarcerating large numbers of people still presumed innocent under the law.

Amid widespread agreement that bail is broken, it is easy to forget that the system has been in a suspended state of crisis for decades and proved resistant to change before. In the face of this critical and persistent problem, this Note offers appellate review of bail determinations as a viable avenue for reform. By revamping the “bail appeal”—a procedure that has received little attention from reformers and academics alike—states have an opportunity to reduce the scourge of pretrial detention, conserve the time and resources of local justice systems, and provide a durable promise of pretrial justice.

Keywords: bail, bail reform, bail appeal, bail review

Suggested Citation

Weldon, Dorothy, More Appealing: Reforming Bail Review in State Courts (January 16, 2018). Columbia Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3130490

Dorothy Weldon (Contact Author)

Columbia Law Review ( email )

435 West 116th Street
New York, NY 10027
United States

Columbia University, Law School ( email )

435 West 116th Street
New York, NY 10025
United States

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