Reading Assignment for Section 6.2

Read the following subsection from our online textbook: Section 6.2: Bail and Pretrial Release.

Note: This section spans multiple pages, so be sure to review all pages to fully understand the material.

What You Will Learn

In this section, you’ll explore the historical development and constitutional principles surrounding bail and pretrial release. You’ll learn about the safeguards against excessive bail under the Eighth Amendment, as well as key court decisions that shape fairness and due process in these practices. By comparing bail, pretrial release, and detention, you’ll gain insight into how the criminal justice system balances individual rights with public safety concerns.

Student Learning Outcomes for Section 6.2

• SLO 1: Explain the historical development of bail and pretrial release, including their origins in English common law and their evolution through modern reform efforts such as the Manhattan Bail Project.
• SLO 2: Analyze the constitutional principles governing bail and pretrial release, with particular focus on the Eighth Amendment’s prohibition against excessive bail and the Fourteenth Amendment’s Due Process and Equal Protection Clauses.
• SLO 3: Evaluate key Supreme Court rulings, including Stack v. Boyle (1951) and Schilb v. Kuebel (1971), to understand how courts have interpreted and limited bail practices to ensure fairness and prevent discrimination.
• SLO 4: Assess the constitutional limits and justifications for pretrial detention, citing cases such as United States v. Salerno (1987), which upheld detention based on public safety concerns, and Bell v. Wolfish (1979), which clarified permissible conditions of confinement.
• SLO 5: Compare and contrast bail, pretrial release, and pretrial detention, focusing on their purposes, legal standards, and the balance between protecting individual liberties and ensuring public safety.