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April 17, 2007

Adam Walsh Act - Bail Cases

This post is Part II in a series that is explained here.

So far, there has been only one opinion concerning the Act's mandatory pretrial restrictions for certain crimes.  This is a summary of that opinion:

US v. Crowell, 2006 U.S. Dist. LEXIS 88489 (W.D.N.Y. Dec. 7, 2006) – Defendant challenged the mandatory pretrial restrictions placed upon him under the Act.  The court held that: 1) the Act violated the procedural due process requirements of the Fifth Amendment by making the restrictions mandatory for certain classes of defendants; 2) the Act violated the separation of powers doctrine by removing judicial discretion in bail determinations; and 3) the Act violated the Eighth Amendment’s prohibition of excessive bail by virtue of the severity of the restrictions imposed on the defendant.

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