WRESTLING WITH RISK: THE QUESTIONS BEYOND MONEY BAIL.

This essay discusses bail law in the U.S., risk and conditions of the movement to abolish or limit money bail, and the absence of a consensus on how to reform systems that detain people who cannot afford money bail. Topics tackled are courts' failure to define limits of preventive detention as demonstrated in U.S. v. Salermo, wherein the U.S. Supreme Court rejected a challenge to the preventive detention scheme of the Bail Reform Act, and risk assessment tools that obscure risk tolerance.