What does the "Least Restrictive Means" principle mandate in pretrial release?

The "Least Restrictive Means" principle in pretrial release emphasizes that when determining the conditions for a defendant's release, the focus should be on imposing the least severe restrictions necessary to ensure that the defendant will return for future court appearances and to protect community safety. This principle aims to balance the needs of the judicial process with the rights and freedoms of the defendant.

By adhering to this principle, courts are encouraged to avoid unnecessary constraints that could hinder the defendant's ability to work, maintain family connections, or fulfill other obligations, unless those restraints are essential for public safety or ensuring the defendant's presence at court. Thus, the approach advocates for alternatives that are less impactful on a defendant's life, such as non-monetary conditions or supervision methods rather than outright detention or excessive restrictions.

Other options, such as imposing severe restrictions, relying solely on monetary bail, or mandating custody, would not align with the intent of the principle. These approaches could contribute to unjust outcomes where individuals, especially those with fewer resources, are unduly punished or unable to participate in their defense while awaiting trial.