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Detaining for Danger under the Bail Reform Act of 1984: Paradoxes of Procedure and Proof

Abstract

This Note examines provisions in section 3142 of the Bail Reform Act of 1984 that allow for pretrial detention predicated upon a determination by a judge or magistrate that the defendant constitutes a danger to the community. The author argues that the procedural safeguards afforded by section 3142 have been so eroded that particular applications may be violative of due process.

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35 Ariz. L. Rev. 1091 (1993)

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Authors

Michael Harwin

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