In this third edition, David N. Adair, Jr., former associate general counsel of the Administrative Office of the United States Courts, primarily addresses areas that have been changed by statute or case law since the second edition, and elsewhere cites more recent cases that discuss the substantive issues. This edition includes case law through June 1, 2006.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. References in this monograph to the "Bail Reform Act" or the "Act" are to the amended version in effect as of October 30, 2005, and all cites to the U.S. Code are to the most current version in effect at the time of this printing.Appendix A reproduces the Bail Reform Act of 1984, as amended, as of October 30, 2005. Appendix B sets forth a selected provision of the Sentencing Reform Act of 1984.

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.