UNJUST BUREAUCRACY: INCONSISTENCIES IN BOND CONDITION PROCEDURES AND THEIR IMPACT ON CRIMINAL DEFENDANTS’ CONSTITUTIONAL RIGHTS AND LIBERTIES

The temporary release of a criminal defendant pending trial, or bail, is a common but not uncontroversial occurrence: this aspect of criminal law raises important constitutional questions regarding society’s competing interests in public safety and safeguarding individual liberties. This paper explores the implications of procedural inconsistencies in setting bond conditions and how these are presented to defendants. These inconsistencies make it more likely that defendants will unknowingly violate their bond conditions, opening themselves up to additional liability and possible incarceration ahead of or until trial, which is a significant curtailment of their individual liberties. Relying on original survey and interview data, this paper argues that procedures that do not allow for sufficient explanations of bond conditions may violate defendants’ Fifth and Fourteenth Amendment due process rights and makes recommendations for proper and appropriate oversight, and proposes different avenues for procedural, due process assurance of a defendant’s agreement to bond conditions. (Faculty Sponsor: Dr. Wouter Van Erve)