Reference no: EM133314574
Assignment:
Evaluate the strength of the findings identified that led to a policy change.
Explain whether you would take the same action based upon the evidence presented.
The Bail Reform Act of 1984, which requires courts to take suspects into custody who commit a heinous crimes. The prosecuting office must show that the suspect who's charged is a danger to the community. Section 314 (e) states it is not facially unconstitutional as violative of the Excessive Bail Clause of the Eighth Amendment (Justia, 2022).
Indeed, the Eighth Amendment does not require release on Bail. Pp.481 U.S. 752-755 (Justia, 2022). Nothing in the Clause's writing limits the Government's interest in placing a direct amount of Bail set for the prevention of flight (Justia, 2022). The problem here is that it is not distributed fairly among different races. This conversation leads to The Civil Rights Implications of Cash Bail. On January 20, 2022, a report was released regarding The Civil Rights Implication of Cash Bail (U.S. Commission on Civil Rights, 2022) (U.S. Commission On Civil Rights, 2022).
The report showed a significant amount of racial and gender disparities with a massive amount of pre-trial detention rates and financial conditions given to Black and Latino people when looking at other racial groups and gender (U.S. Commission On Civil Rights, 2022). The report showed that with this information gathered, a 433 percent increase in the number of people that have been taken into custody pre-trial between the time of 1970 and 2015. This number will change now because of this report.
This is the most compelling evidence that influenced the policy change. Independent who is charged with advising the President and Congress on civil rights are very valuable because there would be no change in the issues that go on in hearings, sentencing, leading to detention centers, prisons, and more(U.S. Commission on Civil Rights, 2022). Because there are many processes, I will also talk about the First Step Act.
The First Step Act requires an Attorney General to develop a risk and needs assessment system to be used by BOP. In addition, the Bureau of Prisons must assess the recidivism risk and criminogenic needs of all federal prisoners and place prisoners in recidivism-reducing programs and productive activities to address their needs and reduce this risk (Federal Bureau of Prisons, 2018).