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Bail After Brangan v. Commonwealth: Consequences and Implications for Massachusetts Sex Crime Defendants  

Author:  Annabelle Shestak.; Charlotte L. Wilinsky.

Source: Volume 19, Number 02, February/March 2018 , pp.19-25(7)

Sex Offender Law Report

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In recent years, attention has increasingly shifted to the practices and policies surrounding bail decisions and their effect on criminal defendants. Unlike sentencing decisions associated with plea agreements or guilty verdicts, bail decisions affect the liberties of presumably innocent defendants. Yet, the process is much less formal and rigorous than a trial, often allowing a variety of considerations and evidence beyond what may be admissible at trial, as well as ample room for judicial discretion. This article examines pretrial detention and bail practices with a focus on Massachusetts practice and law.

Keywords: Pretrial Detention and Its Consequences; Dangerousness; Abuse Prevention Orders; Bail Setting Practices, Effects, and Consequences

Affiliations:  1: University of Massachusetts, Lowell; 2: University of Massachusetts, Lowell.

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