NCJ Number
75732
Journal
Pretrial Services Annual Journal Volume: 3 Dated: (1980) Pages: 86-97
Date Published
1980
Length
12 pages
Annotation
Myths about current bail-setting practices are reviewed, and recommendations for reforming bail practices to ensure more equitable application of the bail and detention decisionmaking process are presented.
Abstract
Among myths about bail practices are that current laws mean that suspect court appearance is the sole bail setting criteria and that suspects charged with more serious crimes are more likely to flee. Other myths are that surety bonds ensure appearance in court, that high surety bonds ensure the detention of those suspected of being dangerous, and that pretrial services programs ensure that those whom the law requires be released will not be detained. It is recommended that bail decisions be made as a two-part process which considers both the probability of suspect appearance and the probability of suspect danger to the community, Laws should be amended to allow community protection as well as to ensure suspect appearance. Laws should allow for pretrial detention in a limited number of cases under clearly defined circumstances addressing constitutionally guaranteed freedoms. Surety bonds for profits and financial conditions should be eliminated. Pretrial services should focus on identifying alternatives which permit the release of all suspects except those few against whom evidence precluding pretrial release exists. The system also needs to eliminate hypocrisies whereby more people serve time in jail before conviction than after, suspects are more likely to achieve release by pleading guilty than by maintaining innocence, and judges set high bail in cases of heinous crime when experience has proven that these suspects appear as required. Footnotes are included.