The Federal Bail Process Fosters Inequities

Each of the 55,000 criminal defendants who annually enter the federal court system must have a bail hearing before a judicial officer, usually a magistrate. This hearing is important because the magistrate decides the bail conditions under which the defendant may obtain release prior to trial. Pretrial release practices in federal district courts were reviewed to determine if the bail system is used to cause a high rate of appearance without unnecessarily detaining defendants.