Analyzing the Constitutionality andย Effectiveness of The Holly Act

Joanna Swaiss analyzes Ohioโ€™s proposed Holly Act and its implications for bail reform and pretrial detention. She argues that the Actโ€™s categorical, offense-based restrictions are both constitutionally problematic and practically ineffective, as they risk sweeping in low-risk defendants while failing to identify individuals who pose genuine threats to public safety. She advocates for a more measured, evidence-driven framework centered on individualized risk assessments, judicial discretion, and reduced reliance on wealth-based detention.

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