This Article’s disagreement with the courts is over a serious issue. Granting bail to a person convicted of one of these three serious crimes could lead to him harming an individual in the community.
Part I explains the current statutory framework. Part II, details Congress’s motivation to enact the two Bail Reform Acts, details the Acts’ histories, and explains their provisions. Next, Part III delineates the statutory-interpretation principles that courts must follow to determine what § 3143(a)(2) and § 3145(c) provide. Part IV argues why courts should reserve § 3145(c) exclusively for courts of appeals. And finally, Part V presents the analysis of the appellate courts and district courts that have weighed in on the issue and addresses counterarguments.