CHANGES IN ARREST POLICIES AS A RESULT OF COURT ORDERS AGAINST COUNTY JAILS

• NCJ Number: 144354
• Journal: Justice Quarterly Volume: 10 Issue: 1 Dated: (March 1993) Pages: 89-120
• Author(s): W N Welsh
• Date Published: 1993
• Length: 32 pages
• Publication Format: Article
• Publication Type: Survey
• Language: English
• Country: United States of America
• Note: Earlier version of paper presented at the meetings of the American Society of Criminology, 1991, San Francisco

Annotation

Sudden changes in criminal justice environments, such as court-imposed reductions in jail populations, create pressures for adaptation by county jails and local police agencies.

Abstract

Many county jails have used citation release extensively to reduce jail populations; that is, misdemeanor suspects sign a written promise to appear in court. Local police agencies may respond to the use of citation release in three ways: (1) they may be less likely to book suspects as usual; (2) they may be less likely to book misdemeanants and more likely to use field citations because of perceptions that suspects will be released from jail anyway; or (3) they may maximize field citations as part of cooperative interagency agreements. In order to examine different organizational responses in California, data were obtained on annual citation rates between 1978 and 1988 for counties under court order to reduce jail populations and not under court order. Data were also obtained on monthly police citations over the 10-year period in three counties under court order; interviews were conducted with 37 law enforcement officials in these three counties. Although some police agencies adjusted their arrest policies in response to jail release procedures, findings did not support either large-scale or long-term changes in arrest policies. Interviews with law enforcement officials revealed two mechanisms for change in police citation policies. In the reactive policy outcome, characteristic of loosely coupled criminal justice systems, police perceived that litigation regarding jails caused the widespread use of citation release to reduce jail populations. In the proactive policy outcome, the sheriff campaigned to convince police to reduce jail populations by expanding the use of citations. Mechanisms of policy change relevant to arrest procedures and jail population reduction and implications for research are discussed. Appendixes contain supplemental data and the interview questions. 53 references, 4 tables, and 5 figures