NCJ Number
45216
Date Published
1975
Length
22 pages
Annotation
CRIMINAL JUSTICE PRACTICES WHOSE EFFECT IS TO REDUCE THE NUMBER OF PRETRIAL DETAINEES AND SENTENCED INMATES HELD IN JAILS ARE DISCUSSED.
Abstract
THE REVIEW FOCUSES ON THE PRACTICES OF DECRIMINALIZATION, CITATION AND SUMMONS, SCREENING AND DIVERSION, RELEASE ON RECOGNIZANCE, REDUCTION OF DELAYS IN BRINGING CASES TO TRIAL, AND USE OF ALTERNATIVES TO INCARCERATION FOR CONVICTED MISDEMEANANTS. TRENDS, STUDIES, AND STATISTICS RELATED TO EACH PRACTICE ARE CITED. THE VIEW OF THE NATIONAL ADVISORY COMMISSION ON CRIMINAL JUSTICE STANDARDS AND GOALS REGARDING THE REDUCTION OF THE DETENTION POPULATION TO THE MINIMUM REQUIRED FOR COMMUNITY SAFETY AND TRIAL APPEARANCE IS NOTED, AS IS THE COMMISSION'S EMPHASIS ON DIVERSION OF NONCRIMINAL AND SOCIOMEDICAL PROBLEM CASES DURING THE INTAKE PROCESS. ALSO CITED IS THE CONSENSUS STATEMENT ISSUED IN 1971 BY THE NATIONAL CONFERENCE ON THE JUDICIARY, WHICH ENDORSED THE USE OF CITATION OR SUMMON IN LIEU OF ARREST EXCEPT IN CASES OF SERIOUS CRIME; RELEASE ON RECOGNIZANCE, TO REPLACE THE MONEY BAIL SYSTEM TO A LARGE EXTENT; SPEEDY TRIALS; AND, FOR CONVICTED MISDEMEANANTS, PROBATION UNDER PROPER SUPERVISION RATHER THAN IMPRISONMENT. IT IS POINTED OUT THAT, IN GENERAL, IMPLEMENTATION OF SUCH PRACTICES HAS RESULTED IN REDUCED JAIL POPULATIONS WITHOUT SIGNIFICANT INCREASES IN FAILURE-TO-APPEAR RATES OR THREATS TO PUBLIC SAFETY. THE PRACTICES ARE CONCLUDED TO BE CLEARLY PREFERABLE TO COURT ORDERS REQUIRING THE ELIMINATION OF OVERCROWDING IN JAILS AND TO UNNECESSARY CONSTRUCTION OF NEW JAILS. (LKM)