NCJ Number
333
Date Published
1964
Length
122 pages
Annotation
THIS REPORT DEALS WITH THE HISTORY OF BAIL, THE WAY IT OPERATES (1964) AND THE PROBLEMS IT CREATES.
Abstract
THE REPORT REFLECTS THE WORK OF MANY PEOPLE CONDUCTING BAIL SURVEY NATIONWIDE. COURT RECORDS WERE EXAMINED AND INTERVIEWS HELD WITH JUDGES, POLICE, PROSECUTORS, BONDSMEN, COURT, PROBATION AND PRISON PERSONNEL. BAIL SYSTEMS, PRACTICES AND PATTERNS ARE DISCUSSED FOR MAJOR CITIES SUCH AS CHICAGO, PHILADELPHIA, WASHINGTON, D.C. THE FEDERAL BAIL SYSTEM, OR BAIL PRACTICES IN FEDERAL COURTS, IS DISCUSSED AS WELL AS A NATIONAL PATTERN INVOLVING MECHANICAL BAIL SETTING KNOWN AS STATION HOUSE BAIL. THE ROLE OF THE BAIL BONDSMAN IS DISCUSSED IN DETAIL INCLUDING BAIL BOND COSTS, BOND COLLATERAL, BOND FORFEITURES, BONDSMAN ABUSES, BAIL JUMPING AND BAIL BOND REGULATIONS. THE REPORT SPECIFIES FIGURES ON THE COST OF DETENTION OR COSTS OF PRETRIAL IMPRISONMENT IN THE USA IN VARIOUS CITIES DURING THE 1960 -1963 PERIOD. A CHAPTER IS DEVOTED TO THE USE AND EFFICACY OF HIGH BAIL IN THE AREAS OF ORGANIZED CRIME, INTERNAL SECURITY, CIVIL RIGHTS AND OFFENSES INVOLVING CRIMES OF VIOLENCE. THE REPORT FURTHER EXPLORES THE ALTERNATIVES TO THE CURRENT BAIL SYSTEM, DISCUSSES THE VERA FOUNDATION'S MANHATTAN BAIL PROJECT, THE USE OF RELEASE ON RECOGNIZANCE, SUMMONS IN LIEU OF ARRESTS, USE OF WARRANTS, THIRD PARTY PAROLE, CASH BAIL SYSTEM, DAYTIME PAROLE (HUBER LAW), AND SUPERVISED RELEASE. THE ROLE AND STATUS OF THE MATERIAL WITNESSES ARE DEFINED. THE REPORT CONCLUDES WITH A DETAILED CHAPTER ON THE DETENTION OF JUVENILES DISCUSSING THE THEORY, PROCEDURE, CRITERIA, PROPORTION DETAINED, PERIOD OF DETENTION, DISTRIBUTION OF AUTHORITY AND DETENTION FACILITIES. THROUGHOUT THE REPORT MANY FOOTNOTED REFERENCES ARE LISTED WITH A COMPREHENSIVE BIBLIOGRAPHY ON BAIL INCLUDED AT THE END OF THE REPORT. THE REPORT ATTEMPTS TO FOCUS PUBLIC ATTENTION ON THE DEFECTS IN THE BAIL SYSTEM, THE NEED FOR ITS OVERHAUL AND METHODS OF IMPROVEMENT.