An Order to Detain a Defendant Temporarily Under 18 U.S.C. Sec. 3142(d) is a court order issued by a judge to take a defendant into custody and detain them until a hearing. This type of order is commonly used when the judge believes a defendant presents a risk of flight or danger to the public if released. 18 U.S.C. Sec. 3142(d) outlines the criteria a court must consider when determining if a defendant should be detained. There are two types of Order to Detain a Defendant Temporarily Under 18 U.S.C. Sec. 3142(d): 1. A Detention Order: A detention order requires a defendant to be detained until the end of their case or until a new order is issued. 2. A Release Order: A release order allows the defendant to be released from custody, but requires them to adhere to certain conditions, such as wearing an electronic monitoring device, or reporting to a probation officer regularly. In either case, the court must consider the nature of the offense, the weight of evidence against the defendant, the history and characteristics of the defendant, and the risk of flight or danger to the public or any person in deciding whether to detain a defendant or not.
Order to Detain a Defendant Temporarily Under 18 U.S.C. Sec. 3142(d)
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FAQ
The Bail Reform Act of 1984 (18 U.S.C. §§ 3141?3150) authorizes and sets forth the procedures for a judicial officer to order the release or detention of an arrested person pending trial, sentence, and appeal. The Bail Reform Act of 1984 has been amended several times.
The Bail Reform Act of 1984 authorizes preventive detention by permitting the pretrial incarceration of a defendant who will endanger the community's safety. For pretrial detainees, preventive detention works unnecessary hardship and skews the adversarial basis of the criminal process.
Pretrial Motions for Detention: The Bail Reform Act requires the pretrial detention of a defendant only if a judicial officer determines that no conditions or combination of conditions exist which will "reasonably assure the appearance of the person", see United States v. Xulam, 84 F.
Release on Personal Recognizance/Unsecured Appearance Bond: Title 18, United States Code, Section 3142(b) requires a judicial officer to order the pretrial release of a defendant on "personal recognizance" or upon the defendant's execution of an "unsecured appearance bond" in an amount specified by the court.
Enacted with a minimum of fanfare by a nearly unanimous Congress, the Bail Reform Act of 1966 seeks to assure that defendants "shall not needlessly be detained" prior to trial in federal criminal courts.
The Bail Reform Act of 1984 authorizes preventive detention by permitting the pretrial incarceration of a defendant who will endanger the community's safety. For pretrial detainees, preventive detention works unnecessary hardship and skews the adversarial basis of the criminal process.
The 1966 Federal Bail Reform Act created a presumption of release for defendants on their own recognizance in non-capital cases unless the judge could not adequately assure the defendant's appearance at trial.
The presumption for detention statute, which assumes that defendants charged with certain offenses should be detained, has been identified as one potential factor contributing to the rising detention rate.