NCJ Number
19758
Journal
Chicago-Kent Law Review Volume: 51 Issue: 3 Dated: (1975) Pages: 757-777
Date Published
1975
Length
21 pages
Annotation
THE AUTHOR CONTENDS THAT COURTS ARE NEITHER ACTING IN ACCORDANCE WITH LEGISLATIVE POLICIES NOR THE REQUIREMENTS OF DUE PROCESS, EQUAL PROTECTION, AND THE EIGHTH AMENDMENT PROHIBITION AGAINST EXCESSIVE BAIL.
Abstract
THE DATA PRESENTED IN SUPPORT OF THIS ARGUMENT WAS OBTAINED FROM THE RECORDS OF THE COOK COUNTY SPECIAL BAIL PROJECT. CITIZEN VOLUNTEERS OF THIS NOT-FOR-PROFIT ORGANIZATION ATTEND HOLIDAY COURT SESSIONS AND INTERVIEW DEFENDANTS BEFORE THEIR BAIL HEARINGS TO OBTAIN INFORMATION DESIGNED TO HELP THE JUDGE IN MAKING A REASONABLE BAIL DECISION. THIS ARTICLE FIRST DISCUSSES THE ILLINOIS STATE RIGHT TO BAIL PRIOR TO CONVICTION AND THEN THE AUTHOR EXPLAINS THE ULTIMATE PURPOSE OF BAIL AS THAT OF REASONABLY ASSURING THE ACCUSED'S APPEARANCE AT TRIAL. ANALYSIS OF THE BAIL DECISIONS MADE BY 31 JUDGES FROM MAY 1972 TO APRIL 1973 INDICATES THAT MANY DEFENDANTS RECEIVED AN EXCESSIVE BOND DUE TO THE FACT THAT THE COURT, IN MOST CASES, FAILED TO DETERMINE WHETHER FINANCIAL LOSS WAS NECESSARY TO ASSURE THE ACCUSED'S PRESENCE AT TRIAL. BAIL DECISIONS REFLECTED THE JUDGES' FAILURE TO CONSIDER EVIDENCE OF THE DEFENDANTS' FAMILY TIES (INFORMATION OBTAINED BY THE BAIL PROJECT) AND/OR TO PROVIDE DEFENDANTS WITH A MEANINGFUL OPPORTUNITY TO BE HEARD (THE RIGHT TO ASSISTANCE OF COUNSEL IN THE BAIL HEARING). FEDERAL AND STATE PROCEDURES AVAILABLE TO THE DEFENDANT FOR CONTESTING BAIL DECISIONS ARE OUTLINED.