[Full Picture] Rule 46. Release from Custody; Supervising Detention | Federal Rules of Criminal Procedure | US Law

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Rule 46. Release from Custody; Supervising Detention | Federal Rules of Criminal Procedure | US Law | LII / Legal Information Institute

Source: law.cornell.edu

Appears moderately imbalanced

Summary Analysis Research

Article summary:

1. Rule 46 of the Federal Rules of Criminal Procedure governs release from custody and supervising detention.

2. The provisions of 18 U.S.C. §§3142 and 3144 govern pretrial release, while §3143 governs release pending sentencing or appeal.

3. The court may order different terms and conditions for release during trial, set aside bail forfeiture under certain conditions, and exonerate sureties upon satisfaction of bond conditions.

Article analysis:

The article provides a detailed overview of Rule 46 of the Federal Rules of Criminal Procedure, which governs release from custody and supervising detention in criminal cases. The article is informative and well-organized, providing clear explanations of the various provisions of the rule.

However, the article does not provide any critical analysis or evaluation of the rule or its implementation. It does not explore potential biases or sources of partiality in the application of the rule, nor does it consider any counterarguments or alternative perspectives on its effectiveness.

Additionally, while the article provides a thorough explanation of the various provisions of Rule 46, it does not provide any evidence or examples to support its claims about their effectiveness or impact. For example, it states that the court may order different terms and conditions for pretrial release if necessary to ensure that the person will be present during trial or that their conduct will not obstruct progress, but it does not provide any evidence to support this claim.

Overall, while the article provides a useful overview of Rule 46 and its provisions, it would benefit from more critical analysis and evaluation of its effectiveness and potential biases.

Topics for further research:

Criticisms of Rule 46 of the Federal Rules of Criminal Procedure Biases in the application of Rule 46 Alternatives to Rule 46 for release from custody in criminal cases Empirical evidence on the effectiveness of Rule 46 provisions Disparities in pretrial release conditions based on race or socioeconomic status Impact of Rule 46 on reducing pretrial detention and improving outcomes for defendants.