BAIL AND ITS REFORM - A NATIONAL SURVEY - A SUMMARY

• NCJ Number: 11424
• Author(s): P B WICE
• Date Published: 1973
• Length: 68 pages
• Grant Number(s): NI-71-157
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: US Dept of Justice
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

EMPIRICAL INVESTIGATION OF PRETRIAL RELEASE IN THE UNITED STATES, EXAMINING THE TRADITIONAL BAIL SYSTEM AND BAIL REFORM PROJECTS.

Abstract

TO PRESENT AN EMPIRICAL INVESTIGATION OF PRETRIAL RELEASE IN THE UNITED STATES, THE AUTHOR CONDUCTED INTERVIEWS IN 11 CITIES AND DEVELOPED DATA FROM A 72-CITY QUESTIONNAIRE. THE AUTHOR CONSTRUCTS A NATIONAL PICTURE OF THE TRADITIONAL BAIL SYSTEM, AND EXAMINES THE VIABILITY OF BAIL REFORM PROJECTS DESIGNED TO FREE MORE DEFENDANTS ON THEIR OWN RECOGNIZANCE. RELEASE, DETENTION, FORFEITURE, AND REARREST RATES ARE COMPUTED FOR BOTH TRADITIONAL AND REFORM PROGRAMS. PART ONE DESCRIBES THE FACILITIES, PROCEDURES, AND PERSONNEL INVOLVED IN THE TRADITIONAL BAIL SYSTEM AND PART TWO DESCRIBES VARIOUS BAIL REFORM PROJECTS AND IDENTIFIES KEY OPERATIONAL CHARACTERISTICS CONTRIBUTING TO PROJECT EFFECTIVENESS. THE FINAL SECTION, BASED ON THE NATIONAL MAILED SURVEY, DISCUSSES NATIONAL TRENDS AND ATTITUDES TOWARDS PRETRIAL RELEASE. A MAJOR CONCLUSION IS THAT REFORM PROJECTS CAN OUT-PERFORM THE TRADITIONAL SYSTEM OF BAIL AND BONDSMEN BY ACHIEVING LOWER FORFEITURE AND REARREST RATES DESPITE RELEASING MORE DEFENDANTS. COMMUNITY TIES OF DEFENDANTS AND PRETRIAL SUPERVISION OF THE ACCUSED ARE OF PRIME IMPORTANCE IN ATTAINING THESE LOW RATES, IN CONTRAST TO SUCH TRADITIONAL CONSIDERATIONS OF THE DEFENDANTS PAST CRIMINAL RECORD AND THE SERIOUSNESS OF THE CRIME WITH WHICH HE IS CHARGED. (AUTHOR ABSTRACT) (SNI ABSTRACT)