D. The Bail Determination

Effective November 1, 1984, bail determinations for all persons arrested on federal charges are governed by the Comprehensive Crime Control Act of 1984 (18 U.S.C. § 3141–3150) and this Act has been amended several times.  For more information on the current status and case law interpretation of the Act, the Federal Judicial Center published in 2006 a Third Edition monograph titled “The Bail Reform Act of 1984” which can provide further clarification. This legislation significantly altered the statutory provisions that governed bail determinations prior to its effective date and in many ways is a radical departure from pre-Act law.   To appreciate these differences and to render the Act more comprehensible for the reader, it is deemed necessary to digress here and briefly discuss what standards would have governed the bail determinations of John Doe prior to November of 1984.

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