BAIL, NOT JAIL, FOR MORE DEFENDANTS - JUDGES NEED A MORE OBJECTIVE STANDARD TO DECIDE WHOM TO RELEASE BEFORE TRIAL

• NCJ Number: 38308
• Journal: Judicature Volume: 60 Issue: 4 Dated: (NOVEMBER 1976) Pages: 172-178
• Author(s): S NAGEL; M NEEF
• Date Published: 1976
• Length: 7 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE JUDICIAL TENDENCY TO HOLD A DEFENDANT WHEN THERE IS DOUBT OF HIS APPEARANCE AND THE GREATER SENSITIVITY TO RELEASE ERRORS THAN TO HOLDING ERRORS RUNS CONTRARY TO THE RULE OF LAW.

Abstract

THIS PAPER DISCUSSES TWO METHODS BY WHICH LEGAL OBJECTIVITY CAN BE INCREASED AT THE PRETRIAL RELEASE STAGE. THE FIRST INVOLVES WORKING WITHIN THE EXISTING DECISION-MAKING FRAMEWORK (WHICH GIVES WIDE DISCRETION TO ARRANGEMENT JUDGES) TO IMPROVE SCREENING AND NOTIFICATION PROCEDURES, TO PUBLICIZE THE COSTS OF HOLDING ERRORS, AND TO DECREASE RELEASING ERROR COSTS BY REDUCING THE TIME FROM ARREST TO TRIAL AND KEEPING TRACK OF THE DEFENDANT THROUGH A SYSTEM OF PRETRIAL PAROLE. THE SECOND INVOLVES ELIMINATING OR DECREASING WIDE JUDICIAL DISCRETION BY ESTABLISHING A SYSTEM OF NON-DISCRETIONARY BOND SCHEDULES.