Upon detention in police custody, most detainees seek the alternative of a cash bail to spending time being locked up. A cash bail usually keeps a suspect out of police custody, but also confines him or her to the state in which they have been charged in, to prevent issues of flight. However, a cash bail is not always guaranteed as a judge may deny the request on the basis of the Bail Reform Act. The act has several provisions which govern the provision of bail, which also go hand in hand with the Eight Amendment requirements on release on bail. Additionally, a Risk Needs Assessment is also conducted to determine the grounds for granting bail to a detainee.
Bail Reform Act Provisions
To begin with, the Bail Reform Act provides that suspects arrested with regards to a serious felony should be detained before trial (Cornell Law School, 1987) . This detention is effective based on adequate evidence that the suspect poses a danger to public safety if granted bail. As such, public safety is awarded more priority than the detainee, hence denial of cash bail. Therefore, based on this provision, a suspect is not guaranteed of cash bail until the nature of their offence is analyzed as well as the fate of public safety, if the suspect was to be allowed bail.
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Another provision of the act is that detainees should be provided several procedural rights at the detention hearing (Cornell Law School, 1987) . These rights allow the detainee to choose the most suitable option and informs them of what they are entitled to during the hearing. The rights include the right to request counsel, whereby the arrestee is allowed to consult with their attorney regarding the counsel with the intention of seeking counsel.
The others are the right to testify and to present witnesses (Cornell Law School, 1987) . These rights allow a detainee to defend themselves by testifying, thus providing adequate information to be used in future investigations. A detainee is also allowed to present witnesses before a court of law as part of their defense. Furthermore, a detainee is also allowed to submit evidence before a court of law and cross examine witnesses in a bid to clarify information (Cornell Law School, 1987) . Every detainee is entitled to these rights upon detention hearing.
Another provision of the Bail Reform Act is that a decision to detain a suspect should be made after the consideration of several factors including the nature of seriousness of the charges (Cornell Law School, 1987) . Additionally, the court should consider the substantiality of the evidence provided by the government to determine whether they provide enough reason to detain the arrestee. The characteristics and background of the suspect are also considered to determine if they pose a danger to the society when released, and the extent of the threat. The nature of a suspect’s background also determines the instances of recidivism if granted bail.
The Bail Reform Act provides that a decision to detain a suspect should be followed by written findings and a statement providing reasons for the decisions, all which are subjected to immediate review (Cornell Law School, 1987) . The reasons provided should be adequate enough to support the decision to deny bail by the court. The findings are also recorded for future reference.
Risk Needs Assessment
A Risk Needs Assessment is used in making determinations about granting bail. An evidence-based risk assessment is conducted to determine the risk posed by a suspect, hence its influence on the provision of bail (Office of Governor, 2018) . This assessment is conducted to maximize public safety by preventing an otherwise risky suspect to be released back to the public. The assessment also allows low-risk offenders to maintain community support by eliminating impunity.
The access to cash bail is also based on a risk assessment on public safety and the probability of missing a court case, rather than the ability to pay the bail (Office of Governor, 2018) . This provision after a risk asse ssment prevents petty-crime offenders from serving jail time due to their inability to pay the set amount of bail. Furthermore, the risk needs assessment prevents high profile suspects from being released based on their financial ability to pay the bail amount.
In the case of Joey, he would be denied bail on the basis of the threat posed to the community. If released, Joey poses a threat to public safety based on the conspiracy to commit murder. Furthermore, based on the six accounts of tax fraud and tax evasion, Joey is most likely to commit more tax offenses. Therefore, the risk needs assessment works against Joey. Based on the risk assessment, Joey’s characteristics and background, he is a threat to public safety. His financial ability would allow him to pay the bail amount. However, the risk needs assessment will require that he is detained without bail by focusing on other factors apart from financial ability.
United States V. Salerno
In the case of United States V. Salerno, the US Supreme Court provided legal information concerning the provisions of the Eight Amendment on the requirement to release on bail. According to the Supreme Court, the Eight Amendment requires that Congress shall define the classes of cases in which bail should be allowed (Cornell Law School, 1987) . This means that bail will not be granted on all cases. The cases marked by Congress as mild qualify the suspects to be granted bail. However, other offenses considered to be serious are denied bail.
Furthermore, the Eighth Amendment does not require release on bail especially when the decision to detain a suspect is on the basis of other compelling interest apart from the prevention of flight (Cornell Law School, 1987) . According to this provision of the amendment, bail can be denied on the basis of other reasons, such as public safety, and not just the prevention of flight. This provision is in line with the Bail Reform Act which requires that the characteristics and the background of a suspect be considered before the decision to grant bail. In the event that a suspect poses a threat to the community, then bail is denied.
Additionally, the amendment provides that excessive bail shall not be required (Cornell Law School, 1987) . However, this provision does not guarantee the access to bail. As such, the court is allowed to set an infinite amount for bail to prevent the suspect from accessing bail depending on the nature of the crime committed. This way, the suspect is detained pending a court hearing of the case.
In conclusion, the Bail Reform Act of 1984 has several provision on the conditions for granting bail. Adequate evidence should be provided to form the basis of bail denial as well the suspect’s background and characteristics. The detainees are also provided with a number of rights prior to the detention hearing. The Risk Needs Assessment is also used in making determinations about granting bail. An evidence-based risk schedule is used to determine public safety and how the suspects influences the safety. The Eighth Amendment does not guarantee release on bail as it depends on the classes of cases in which suspects qualify to be granted bail, as per the classification of Congress.
References
Cornell Law School. (1987, May 26). United States v. Salerno (No. 86-87) . Retrieved from Cornell Law School: https://www.law.cornell.edu/supremecourt/text/481/739
Office of Governor. (2018, August 28). Governor Brown Signs Legislation to Revamp California's Bail System, Protect Public Safety . Retrieved from Office of Governor Edmund G. Brown Jr.: https://www.gov.ca.gov/2018/08/28/governor-brown-signs-legislation-to-revamp-californias-bail-system-to-protect-public-safety/
