This month Patrick J. Boylan reviews Not a Crime to Be Poor: The Criminalization of Poverty in America by Peter Edelman.

Pretrial risk assessment tools have emerged as the favored reform in the movement to lower pretrial jailing and limit the abuses of money bail. Critics have voiced concern, however, over the threat that risk assessments perpetuate racial bias inherent in the criminal justice system. When a risk assessment tool recommends that a client be detained or released with conditions — particularly a client of color — lawyers must be prepared to point out the tool’s limitations and biases.

as Part of the Risk Assessment Panorama

Researchers have expressed enthusiasm for the study of the “biology” of crime and the related development of “neuroprediction,” one aspect of which is the attempt to use brain imaging techniques to corroborate a risk of violence assessment. While lawyers are not yet likely to encounter neuroscience evidence when they litigate the admissibility of a prediction of future violence, they should track developments in this area.

Risk assessment – the assessment of risk of reoffending or risk of future violent behavior – is a hot topic. However, only rarely do lawyers address the questions raised by criminal justice-related risk assessment. This finding suggests that defense lawyers may not be paying enough attention to the issue. A key issue involves addressing how the risk assessment connects the dots between a specific client’s circumstances and the factors related to reoffending and violence.

September 21 saw the release of Colorado Bail Book: A Defense Attorney’s Guide to Adult Pretrial Release.

E.G. Morris discusses the current state of the bail system. He believes that pretrial release conditions requiring financial conditions must be used as a last resort. An accused should be released on personal recognizance unless an evidence-based determination is made that the individual presents a flight risk or imminent physical harm to others.

Bail Pending Appeal : The Bail Reform Act Barry Tarlow

Promoted as a method to combat inherent bias in the criminal justice system, risk assessment instruments are being adopted around the country at the pretrial and parole phases. While advocates claim that risk assessment algorithms can reduce the impact of bias in the criminal justice system, opponents caution otherwise.

NACDL Director of Legislative Affairs Leslie Hagin's written statement to the House Judiciary Committee Subcommittee on the Constitution regarding the actions of bail bond companies and bounty hunters expected to change with the Citizen Protection Act of 1998 (H.R. 3168) in order to protect individuals' civil rights and civil liberties.

A template for court notice and motion to set bond. 

A template for a court motion to set bond for defendant after violation of probation. 

A template for a court motion to reduce bond. 

In 2015 Walker filed a civil rights action in the N.D. of Georgia alleging the City of Calhoun's use of a bail schedule violated due process and equal protection by setting initial bail amounts without regard to the financial resources of the arrestee. The City held court only once a week, leaving many in jail for a week or more on even minor offenses. While the case was pending the City amended its policies to ensure individuals were brought before a judge within 48 hours of arrest to have their bail reviewed by the court.

Amicus curiae brief of the National Association of Criminal Defense Lawyers, the American Civil Liberties Union, the ACLU of Maryland, the Brennan Center for Justice at New York University Law School, the Center for Constitutional Rights and the National Legal Aid and Defender Association in support of appellees.