BAIL AND PRETRIAL DETENTION IN THE DISTRICT OF COLUMBIA AN EMPIRICAL ANALYSIS

• NCJ Number: 35557
• Journal: Howard Law Journal Volume: 17 Dated: (1973) Pages: 844-857
• Author(s): B JUST
• Date Published: 1973
• Length: 14 pages
• Corporate Author: Howard University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS PAPER DESCRIBES SOME OF THE PROBLEMS AND INEQUITIES IN THE ADMINISTRATION OF BAIL AND PRETRIAL DETENTION IN THE DISTRICT OF COLUMBIA AND OFFERS RECOMMENDATIONS FOR CHANGE.

Abstract

STATISTICS ARE PRESENTED TO SUPPORT THE PREMISE THAT THE STATUTORY PROVISIONS GOVERNING RELEASE OF PERSONS ACCUSED OF CRIMES ARE UNEVENLY AND INCONSISTENTLY APPLIED. IT IS SUGGESTED THAT IF RELEASE ON RECOGNIZANCE PROCEDURES WERE MORE FULLY USED, AND THE ELIGIBILITY BASE BROADENED TO INCLUDE FELONY CHARGES, THE HIGH NUMBER OF ACCUSED CITIZENS WHO ARE SUBJECTED TO DETENTION COULD BE SUBSTANTIALLY REDUCED. IT IS ALSO SUGGESTED THAT AS A MATTER OF ROUTINE PROCEDURE, JUDGES AND MAGISTRATE SHOULD ACCEPT THE BAIL AGENCY'S RECOMMENDATIONS FOR RELEASE ON RECOGNIZANCE OF OTHER NON-MONETARY CONDITIONS RELATED TO THIRD PARTY CUSTODY, RESIDENCE, EMPLOYMENT, AND MAINTENANCE OF CONTACT WITH THE BAIL AGENCY. OTHER RECOMMENDATIONS INCLUDE THOSE FOR COMMUNITY ACTION, JUDICIAL-ADMINISTRATIVE ACTION, AND ACTION BY DEFENSE COUNSEL.