The Bail Reform Act of 1984 and the The Risk-Needs Assessment (RNA)
You are an attorney who represents Joey Maltese. Joey has been charged with six counts of tax fraud and six counts of tax evasion, embezzlement, and conspiracy to commit murder. The prosecutors in Joey’s case contend that Joey poses a threat to public safety. They filed a motion seeking to have Joey held without granting bail pending trial. You conduct a little legal research as follows to see if prosecutors will be successful on their motion:
Please read the Syllabus portion of United States v. Salerno, 481 U.S. 739 (1987); https://www(dot)law(dot)cornell(dot)edu/supremecourt/text/481/739. Pay particular attention to the Bail Reform Act of 1984. Discuss its provisions.
Discuss how the Risk-Needs Assessment (RNA) is used in making determinations about granting bail. Lay out the factors that work for or against Joey. In other words, create a fictional actuarial instrument for your client based on objective criteria. Discuss, too, how much risk Joey poses to the community. Please read the following article as well, which will also help you in preparing your analysis: https://www(dot)ca(dot)gov/archive/gov39/2018/08/28/governor-brown-signs-legislation-to-revamp-californias-bail-system-protect-public-safety/index.html
Explain what the U.S. Supreme Court said in United States v. Salerno regarding whether the Eighth Amendment requires release on bail.
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The Bail Reform Act of 1984 is a federal law that aims to ensure public safety by preventing dangerous or high-risk defendants from being released on bail pending trial. The Act establishes two primary grounds for detention without bail: the defendant poses a risk of flight, and the defendant poses a danger to the community. The Act applies to federal criminal defendants and is used to determine whether a defendant should be held without bail or if there are conditions of bail that can ensure the community’s safety. The Act’s risk of flight provision is intended to prevent defendants from absconding before trial, which can make it difficult to bring them to justice. Factors that may be considered when assessing a defendant’s risk of flight include the defendant’s prior criminal history, the severity of the charges, and the defendant’s ties to the community.
The Act’s danger to the community provision is intended to prevent defendants who pose a significant threat to the community from being released on bail. Factors that may be considered when assessing a defendant’s danger to the community include the defendant's prior criminal history, the severity of the charges, and the defendant’s potential to commit further crimes if released. The Bail Reform Act of 1984 is a crucial law that ensures public safety while ensuring defendants are not held without bail without cause. It balances protecting the community and ensuring that defendants are not held without bail without cause. The Act is a tool that courts use to assess the risk and danger a defendant poses to the community and the risk of flight. It helps the court decide whether the defendant should be held without bail or if there are conditions of bail that can ensure the community’s safety.
The Risk-Needs Assessment (RNA) is used to determine if a defendant is a flight risk of a danger to society. It is an actuarial instrument that uses objective criteria to assess a defendant’s risk level. The RNA is used to evaluate the defendant's likelihood of committing a crime if released and the possibility of the defendant fleeing. The assessment is based on the defendant’s prior criminal history, current charges, and community ties. The RNA determines the likelihood of a defendant reoffending or fleeing. It uses a combination of risk factors, for example, previous criminal history, current charges, and community ties to assess the defendant’s risk level. The assessment is conducted using a set of objective criteria, such as the defendant’s prior criminal history, current charges, and community ties, to evaluate the defendant’s risk level.
The RNA is a crucial tool that helps courts and pretrial service agencies make decisions about bail, community supervision, and other release conditions. Additionally, for the RNA, the courts also consider other factors, such as the defendant’s employment status, family ties, and the defendant's ability to pay bail. Besides, this helps the court make a decision that balances the defendant's rights to a fair trial and the community’s safety (ca.gov, 2018). The RNA is a tool that helps the court make a decision that balances the defendant’s rights to a fair trial and the community’s safety. It is an essential tool that helps ens...