NCJ Number
42532
Journal
Journal of Legal Studies Volume: 2 Issue: 1 Dated: (JANUARY 1973) Pages: 79-105
Date Published
1973
Length
27 pages
Annotation
THIS ARTICLE PRESENTS AN ECONOMIC MODEL OF AN OPTIMAL BAIL SYSTEM AND INDICATES ALTERNATIVE METHODS TO SELECT DEFENDANTS FOR RELEASE.
Abstract
THE MODEL PRESENTED IN THE ESSAY INTENDS TO DERIVE THE SOCIAL BENEFIT FROM PRE-TRIAL LIBERTY THAT INCORPORATES BOTH GAINS TO DEFENDANTS AND TO THE COMMUNITY. THE NUMBER OF DEFENDANTS TO RELEASE AND THE LEVEL OF RESOURCE EXPENDITURES ON THE BAIL SYSTEM THAT ARE CONSISTENT WITH THE MAXIMIZATION OF THE SOCIAL BENEFIT ARE THEN DETERMINED. AFTER DEVELOPING THE BASIC MODEL, THE CONSISTENCY OF THE RULES DERIVED FROM AN OPTIMAL SYSTEM WITH REFERENCE TO EXISTING PRACTICES IS CONSIDERED. TWO COMMON VIEWS ON THE PROPER FUNCTION OF A BAIL SYSTEM, DETERRING FLIGHT AND PREVENTING FUTURE CRIME, ARE INCORPORATED INTO THE MODEL AS SPECIAL CASES AND COMPARED TO THE MORE GENERAL CRITERION OF MAXIMIZING THE SOCIAL BENEFIT. IT IS SUGGESTED THAT DEFENDANTS BE COMPENSATED FOR ANY DETENTION TIME, EITHER THROUGH MONETARY PAYMENT IN THE EVENT GUILT IS NOT ESTABLISHED, OR THE CREDITING OF PRE-TRIAL DETENTION TO THE EVENTUAL SENTENCE PERIOD IN CASES OF GUILT. BAIL BONDS AND BONDSMEN ARE ALSO DISCUSSED....RCB