NCJ Number
87105
Date Published
1982
Length
39 pages
Annotation
This analysis of the bail system considers the features and functions of the bail system along with the factors that judges use in setting bail, including an analysis of the research methodology used to measure factors in bail decisionmaking.
Abstract
The discussion of the features of the bail system covers pretrial options of the court and potential adverse consequences of the bail system, and the analysis of the functions of the bail system focuses on factors that predict appearance, factors that predict pretrial criminal activity, and the effect of bail amount on pretrial behavior. Following a review of research literature bearing upon factors that judges use in setting bail, methodology and results are reported from this study's use of two research approaches in determining factors that influence bail decisionmaking. One method was an experimental simulation of the bail-setting process. In the experimental simulation, a sample of judges was given 'case records' designed to simulate the type of information typically available in bail hearings and asked to set bail as if they were real cases. The second study involved the analysis of naturalistic data from the bail decisions of five of the 18 judges who participated in the simulation by observing them set bail in actual bail hearings. The studies yielded different estimates for weights and scale values, implying different models of bail setting. The simulation concluded that judges respond primarily to the strength of the defendant's community ties compared to prior record and prosecutor recommendation. The real-world study concluded that the prosecutor recommendation was the most important factor while the effect of community ties was indirect. The concluding section evaluates the bail system and considers social influence in the bail system. Thirty-eight references are listed.