NCJ Number
93667
Journal
PAPPC Journal Volume: 3 Issue: 1 Dated: (Spring 1984) Pages: 59-65
Date Published
1984
Length
7 pages
Annotation
This overview of the role of bail in the criminal justice system covers its origins, problems and reforms in the cash bail system, preventive detention, and bail in the juvenile justice system.
Abstract
The primary purpose of bail is to guarantee the defendant's appearance in court. However, reliance on a cash bail system has created several problems for courts, defendants, and the community. Judges generally consider only the severity of the crime rather than the defendant's possible threat to the community in setting bail. The cash system penalizes poor defendants, imposing jailing costs on jurisdictions and producing the phenomenon of the private bail bondsman. Jailed defendants may lose their jobs and are placed in the same area with convicted criminals. The Manhattan Bail Project of the Vera Institute used summons and citations for selected offenders as alternatives to custody. The results of this Released on Recognizance project showed that very few failed to report to the court. Law enforcement agencies have been concerned for years about crimes committed by offenders while out on bail. One approach to the problem is preventive detention for career criminals. However, such cases should be tried as quickly as possible. On the other hand, questions concerning constitutionality and the accuracy of dangerousness predictions argue against preventive detention. Most jurisdictions deny a juvenile's right to bail, although some States have authorized courts to release juveniles on bail at the discretion of the judge. State courts are now beginning to address this issue. The paper includes 12 footnotes.