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The enactment of the Bail Reform Act of 1984 (BRA)' marks a dramatic revision in bail administration." Prior to the 1984 Act, bail was understood chiefly as a means of guaranteeing the integrity of the judicial system by assuring the defendant's appearance at trial.' The BRA, however, represents a "significant departure"4 from this traditional philosophy because it authorizes a judicial officer to incarcerate an individual to thwart future crimes." Expressly authorized pretrial detention based upon a prediction of future dangerousness is unprecedented in this country's history of criminal justice. Indeed, it defies traditional notions of liberty and justice prior to trial. 7

A Two-Pronged Standard of Appellate Review for Pretrial Bail Determinations