Deciding whom to release and whom to detain pending trial poses critical problems for American courts. The realities of the bail system in the United States reflect an attempt to strike a balance between the legally recognized purpose of setting bail to ensure reappearance for trial and the working perception that some defendants should not be allowed out of jail until their trial.
-Which of the following factors reflects a law in action approach to bail setting?

Question

Quizplus · Accepted Answer

The factor of overcrowding in jails reflects a law in action approach because it recognizes the practical limitations of the justice system's resources and considers the potential harm of keeping someone in jail for an extended period of time. The other factors listed are more related to the severity of the offense and the potential danger posed by the defendant, which could be seen as more of a law on the books approach.

Deciding Whom to Release and Whom to Detain Pending Trial