NCJ Number
41236
Journal
Yale Law Journal Volume: 86 Issue: 3 Dated: (JANUARY 1977) Pages: 513-537
Date Published
1977
Length
25 pages
Annotation
A NOTE ARGUING THAT CURRENT CONFIDENTIALITY RESTRICTIONS CONFLICT WITH THE STATED OBJECTIVES OF THE SPEE ACT'S TITLE II WHICH ESTABLISHED EXPERIMENTAL PRETRIAL SERVICES AGENCIES TO ACCELERATE COURT PROCESSING.
Abstract
THE NOTE EXAMINES THE REASONS FOR CONFIDENTIALITY IN LIGHT OF THE STRUCTURE AND PROPOSALS OF THE TITLE II PROGRAM, AND OFFERS A FRAMEWORK FOR STRIKING A BALANCE BETWEEN CONFIDENTIALITY AND DISCLOSURE THAT IS CONSISTENT WITH THE ROLE OF THE PRETRIAL SERVICES AGENCY (PSA) IN THE PRETRIAL RELEASED PROCESS. A SCREENING PROCEDURE FOR THE DISCLOSURE OF PSA INFORMATION THAT WOULD HELP MAINTAIN THIS BALANCE IS PROPOSED. FINALLY, THE NOTE EVALUATES SPECIFIC INSTANCES IN WHICH CURRENT RESTRICTIONS IMPOSED BY THE STATUTE AND REGULATIONS CONFLICT WITH THE GOALS OF TITLE II AND THUS JEOPARDIZE THE EFFECTIVE ADMINISTRATION OF PRETRIAL RELEASE SERVICES AND THE SUCCESS OF THE PSA PROGRAM. (AUTHOR ABSTRACT).TWH