A serious felony or egregious crime discussed in this post is the 2019 mass shooting in El Paso, Texas, United States. The crime involved the shooting and killing of 22 people, with more than 24 other people sustaining serious injuries ( Arango, Bogel-Burroughs, & Benner, 2019) . The shooting was conducted by a 21-year-old man, Patrick Crusius. According to police reports, the crime was motivated by a manifesto containing anti-immigrant and white nationalist themes ( Arango et al., 2019) . Regarding the egregious crime committed by Patrick Crusius, the court should not grant pretrial release as outlined by the Federal Bail Reform Act of 1984. The act demands courts to detain, before trial, arrested persons charged with some serious offenses or felonies, particularly if the government exhibits by convincing and clear evidence after a court hearing that no predetermined conditions will guarantee the safety of other people in the community ( Powers, 1985). In the Federal Bail Reform Act of 1984, especially section 18 U.S.C.3142(e), releasing the convict under any conditions will not warrant the safety of any other individual and the community. As highlighted by the act, Patrick Crusius has the right to seek counsel, present witnesses, testify, proffer evidence, and grill other witnesses ( Daniel, 2009) . The crime committed by the detainee surpasses any opposing evidence that the defendant can provide against the Government’s evidence. The Federal Bail Reform Act of 1984 specifies the elements that should be considered in detention decision making, including the seriousness and nature of the charges, and the arrestee’s characteristics and background. The influencing factors of Patrick Crusius conduct will still pose risks to the entire community, including the reality that the white nationalist philosophy has increased sporadically in the last few years.
References
Arango, T., Bogel-Burroughs, N., & Benner, K. (2019, August 03). Minutes before El Paso killing, hate-filled manifesto appears online. New York Times. Retrieved from https://www.nytimes.com/2019/08/03/us/patrick-crusius-el-paso-shooter-manifesto.html
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Daniel, E. H. (2009). Criminal Law and Procedure. Auflage, New York , 236.
Powers, R. A. (1985). Detention Under the Federal Bail Reform Act of 1984. Crim. L. Bull. , 21 , 413.