Reforming State Bail Reform

Authors

Shima Baughman, S.J. Quinney College of Law, University of UtahFollow
Lauren Boone, University of Utah - S.J. Quinney College of LawFollow
Nathan H. Jackson, University of Utah, S.J. Quinney College of Law, StudentsFollow

Author ORCID Identifier

0000-0001-7130-2012

Document Type

Article

Publication Date

10-2021

Abstract

We are waist-deep in the third wave of bail reform. Scholars, policy makers, and the public have realized that the short period of detention before trial creates ripple effects on a defendant’s judicial fate and has lasting impacts on our system of mass incarceration. Over 200 proposed bail bills are pending throughout the states. This is not the first period of bail reform in America—two previous waves of bail reform in the 1960s and 1980s have both ended in increased pretrial detention for defendants. Some of the recent efforts in the third wave of bail reform have also increased detention in different states and have caused other unanticipated problems. This invited piece aims to create a relatively short guide for those contemplating the best path to reform bail. It lays out steps to reform state bail reform efforts by focusing on seven considerations often neglected in bail reform discussions.

Recommended Citation

74 SMU L. Rev. 447 (2021)