NCJ Number
85209
Date Published
1982
Length
260 pages
Annotation
This study examines current bail practices in New York State in the context of historical antecedents and shows empirically that cash, surety, and property bail undercut due process.
Abstract
Following a discussion of the evolution of bail from medieval to modern practice, the initial social setting of the arraignment proceeding in the criminal court in New York County is described, noting the limited time available for the investigation of the circumstances of each defendant. Subsequent discussion shows how in the adversarial contest between defense counsel and prosecutor the defense counsel makes use of the 'good-risk ranking' while the prosecutor uses the 'poor-risk ranking' in the bail-setting process. An analysis of types of bail and the social circumstances of the defendants indicates that the bail system does not consider such noneconomic circumstances of the defendant as age, marital status, and number of dependents. Analysis of the chief economic factors in the determination of bail for a defendant shows such factors to be employment, ready cash, and access to collateral. An absence of these factors made detention likely for a defendant. Other topics considered are records, circumstances, and bail type; implications of bail for the criminal justice system; and bail and preventive detention. Overall, empirical data on the application of New York State's procedural laws on bail and constitutional law indicate that the current bail system is inconsistent in its application of the bail criteria. Recommendations include the establishment of a separate bail part in the criminal court which would use a point system developed from weighted criteria applied to the issue of the defendant's release. A subject index and about 250 bibliographic entries are provided.