AMERICAN JAILS - CHARACTERISTICS AND LEGAL PREDICAMENTS OF INMATES

• NCJ Number: 57169
• Journal: Criminal Law Bulletin Volume: 15 Issue: 3 Dated: (MAY-JUNE 1979) Pages: 223-231
• Author(s): J S GOLDKAMP
• Date Published: 1979
• Length: 9 pages
• Corporate Author: Warren, Gorham and Lamont, Inc
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

NEW FINDINGS ABOUT THE ROLES OF JAILS IN THE JUSTICE SYSTEM, THE LEGAL POSITION OF INMATES, AND THE AVAILABILITY OF REPRESENTATION ARE SUMMARIZED.

Abstract

CONCLUSIONS WERE BASED ON DATA COLLECTED IN A 1972 BUREAU OF THE CENSUS SURVEY OF INMATES IN AMERICAN JAILS. RESULTS SHOW THAT OF THE 141,600 INMATES IN 4,000 JAILS ONLY 31 PERCENT WERE DETAINED THERE BECAUSE THEY WERE AWAITING TRIAL. THE REMAINDER WERE IN OTHER SITUATIONS SUCH AS AWAITING SENTENCING, BEING HELD FOR ANOTHER AUTHORITY OR A COMBINATION OF FACTORS. FINDINGS INDICATE THAT THE JAIL POPULATION WAS DISPROPORTIONATELY YOUNG AND BLACK. (THE YOUNG APPEARED THREE TIMES AS OFTEN AS THEIR PROPORTIONAL OCCURRENCE IN THE GENERAL POPULATION AND BLACKS, WHO CONSTITUTE 12 PERCENT OF THE GENERAL POPULATION MADE UP ALMOST HALF OF THE INMATE POPULATION). IT WAS FOUND THAT 40 PERCENT OF THE INMATES HAD BEEN UNEMPLOYED AT THE TIME OF THEIR ADMISSION, AND AMONG THOSE THAT HAD BEEN EMPLOYED MORE THAN HALF HAD EARNED LESS THAN $3,000 IN THE PREVIOUS YEAR. THE OFFENSES OF THE DETAINED POPULATION VARIED WIDELY IN SERIOUSNESS. A TOTAL OF 12 PERCENT OF THE DETAINED HAD BEEN CHARGED WITH MURDER OR RAPE, 15 PERCENT WITH ROBBERY, AND 16 PERCENT WITH BURGLARY. THIS IS CONTRASTED WITH THE SENTENCED INMATES, AMONG WHOM SERIOUS OFFENSES WERE RARE. HALF OF THE DETAINED INMATES HAD BEEN THERE LESS THAN 1 MONTH AND 11 PERCENT HAD BEEN DETAINED FOR MORE THAN 6 MONTHS. AN ESTIMATED 30 PERCENT HAD NO LEGAL REPRESENTATION AND HALF WERE REPRESENTED BUT COULD NOT PAY THE FEES. A FOURTH HAD BEEN DENIED BAIL, AND AMONG THOSE WHO WERE ALLOWED BAIL, THE AMOUNT OF BAIL SET INCREASED WITH THE SERIOUSNESS OF THE CHARGE. BASED ON THIS PRELIMINARY SURVEY, IT IS CONCLUDED THAT JAILS SERVE A DUAL PURPOSE FOR BOTH PRETRIAL AND SENTENCED INMATES, BUT SINCE THEIR NEEDS VARY GREATLY, QUESTIONS AS TO HOW THESE NEEDS SHOULD BE MET REQUIRE FURTHER RESEARCH. FOOTNOTES ARE PROVIDED. FOR THE FULL REPORT, SEE NCJ-58364. (STB)