Moving Past Arbitrary Bail: A Proposal for More Deliberative Pretrial Decision-Making

The authors argue for changes in the process of making pretrial decisions, such as changing the arraignment process, providing complete information at initial hearings, and holding second hearings related to release conditions. The goal is to make more deliberative decisions in pretrial contexts to ensure that we release defendants in keeping with their constitutional rights and decrease the impact of bias in decision-making, leading to less disparity and greater fairness.