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The Bail Book Shima Baradaran Baughman

The Bail Book By Shima Baradaran Baughman

The Bail Book by Shima Baradaran Baughman


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Summary

Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.

The Bail Book Summary

The Bail Book: A Comprehensive Look at Bail in America's Criminal Justice System by Shima Baradaran Baughman

Mass incarceration is one of the greatest social problems facing the United States today. America incarcerates a greater percentage of its population than any other country and is one of only two countries that requires arrested individuals to pay bail to be released from jail while awaiting trial. After arrest, the bail decision is the single most important cause of mass incarceration, yet this decision is often neglected since it is made in less than two minutes. Shima Baradaran Baughman draws on constitutional rights and new empirical research to show how we can reform bail in America. Tracing the history of bail, she demonstrates how it has become an oppressive tool of the courts that disadvantages minority and poor defendants and shows how we can reform bail to alleviate mass incarceration. By implementing these reforms, she argues, we can restore constitutional rights and release more defendants, while lowering crime rates.

The Bail Book Reviews

'Shima Baradaran Baughman has written a thoughtful and comprehensive study of an often-overlooked aspect of the criminal justice system. The Bail Book is an important work that should be required reading for criminal justice reformers.' Orin Kerr, Frances R. and John J. Duggan Distinguished Professor of Law, University of Southern Carolina Law School
'This book is a brilliant expose of pretrial detention in the United States. It documents a subterranean regime that needlessly incarcerates thousands of individuals, most of them poor, many of them innocent, and a disproportionate number of them black, because the bail industry profits from it and legislators and judges either will not mandate, or are ignorant of, the legal and scientific tools that can address the problem.' Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University, Tennessee
'Civil libertarians will predictably love this homage to the Eighth (and Sixth) Amendments but what may be less obvious is why the book is valuable to those of us committed to promoting justice and preventing injustice. Professor Shima Baradaran Baughman shows how more informed and thoughtful pretrial release decisions can reduce crime and avoid wrongful convictions. I recommend the book to anyone who cares about both fairness and justice.' Paul H. Robinson, Colin S. Diver Professor of Law, University of Pennsylvania, author of Shadow Vigilantes: How Distrust in the Justice System Breeds a New Kind of Lawlessness (2018)

About Shima Baradaran Baughman

Shima Baradaran Baughman is Professor of Law in the S. J. Quinney College of Law, at the University of Utah.

Table of Contents

Introduction; 1. History of bail in America; 2. Bail as a constitutional right; 3. The bail process: how pretrial operates and the types of release before trial; 4. Bail and prediction of crime; 5. Individual and societal costs of pretrial detention; 6. Race and bail in the criminal justice system; 7. Bail and the Sixth Amendment rights to counsel and jury trial; 8. Pretrial detention and terrorism in post-9/11 America; 9. International bail; 10. Money bail; 11. Optimal bail: using constitutional and empirical tools to reform America's bail system; Appendix 1; Appendix 2.

Additional information

NLS9781107579156
9781107579156
1107579155
The Bail Book: A Comprehensive Look at Bail in America's Criminal Justice System by Shima Baradaran Baughman
New
Paperback
Cambridge University Press
2018-09-20
329
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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