NCJ Number
75728
Journal
Pretrial Services Annual Journal Volume: 3 Dated: (1980) Pages: 3-19
Date Published
1980
Length
17 pages
Annotation
Goals and problems of bail reform are considered, and a guidelines approach which holds considerable promise for resolving current bail issues is presented.
Abstract
Initial criticisms of bail setting revolved around judges' personal practices in making determinations. Bail practices were also seen as responsible for jailing many persons who did not require incarceration. Complicated administrative procedures and the effectiveness of bail bond practices were questioned, and due process issues were raised. Reform movements have resulted in such improvements as nonfinancial releases and deposit bail programs, and administrative practices have been streamlined in many jurisdictions. Nevertheless, unresolved issues include the effectiveness of nonfinancial releases and deposit bail programs, the implications of the practice of granting releases without bail under the condition of pretrial supervision, and the uses of judicial discretion under the new nonbail programs. Jail overcrowding also presents a problem which impacts bail setting practices. A method for resolving these problems consists of developing bail guidelines for judges' use. The guidelines should be developed by the judicial system itself rather than imposed on the judges, and should allow flexibility for handling individual cases and for coping with temporary jail overcrowding problems. Guidelines would systematize bail decisionmaking, improve the equity in bail decisions, provide opportunities for assessing the effectiveness of various bail strategies, and provide a method for assessing and revising bail-granting practices. Footnotes and 27 references are included.