EFFECTIVENESS OF BAIL SYSTEMS - AN ANALYSIS OF FAILURE TO APPEAR IN COURT AND REARREST WHILE ON BAIL

• NCJ Number: 32349
• Author(s): S H CLARKE; J L FREEMAN; G G KOCH
• Date Published: 1976
• Length: 37 pages
• Grant Number(s): 73-NI-04-0002; GM 7000404
• Sponsoring Agency: US Dept of Justice; US Dept of Health, Education, and Welfare; US Dept of Justice NIJ Pub
• Corporate Author: University of North Carolina at Chapel Hill School of Government
• Sale Source: University of North Carolina at Chapel Hill School of Government; National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

A STUDY OF 756 DEFENDANTS RELEASED ON BAIL TO DETERMINE THE RELATIVE IMPORTANCE OF VARIOUS FACTORS IN DETERMINING WHETHER A DEFENDANT WILL FAIL TO APPEAR IN COURT AND/OR BE ARRESTED.

Abstract

THE MOST IMPORTANT FACTORS WERE FOUND TO BE COURT DISPOSITION TIME (THE AMOUNT OF TIME BETWEEN RELEASE ON BAIL AND COURT DISPOSITION), CRIMINAL RECORD, AND FORM OF BAIL. THE DEFENDANTS' SEX, RACE, INCOME, AGE, AND EMPLOYMENT STATUS ALL WERE SHOWN TO HAVE EITHER NO SIGNIFICANT EFFECT ON NONAPPEARANCE AND REARREST THAT COULD BE MEASURED IN THE DATA, OR (IN A FEW INSTANCES) A REVERSE EFFECT FROM THE ONE EXPECTED. THE SERIOUSNESS OF THE OFFENSE CHARGED ALSO HAD NO MEASURABLE EFFECT, ALTHOUGH IT MAY HAVE HAD AN EFFECT THAT WAS COUNTERACTED BY THE STANDARD PRACTICE OF SETTING HIGHER BOND FOR MORE SERIOUS OFFENSES. COURT DISPOSITION TIME PROVED TO HAVE AN IMPORTANT EFFECT; THE CHANCE OF AVOIDING NONAPPEARANCE AND REARREST DROPPED FIVE PERCENTAGE POINTS FOR EACH ADDITIONAL TWO WEEKS THE DEFENDANT REMAINED FREE ON BAIL. CRIMINAL HISTORY, MEASURED BY PRIOR ARREST RECORD, ALSO HAD A STRONG EFFECT. COMPARISON OF VARIOUS FORMS OF BAIL WERE MADE, ADJUSTING SIMULTANEOUSLY FOR CRIMINAL HISTORY AND COURT DISPOSITION TIME. FORMS OF BAIL THAT RELY SOLELY ON THE THREAT OF FINANCIAL LOSS TO ENSURE APPEARANCE IN COURT PROVED TO BE THE WORST IN TERMS OF RATES OF NONAPPEARANCE AND REARREST. POST-RELEASE SUPERVISION, PROVIDED BY THE MECKLENBURG COUNTY PRE-TRIAL RELEASE PROGRAM, HAD A SIGNIFICANT AND SUBSTANTIAL EFFECT IN REDUCING BAIL RISKS AND THE DELETERIOUS EFFECT OF DELAY. A SIZABLE GROUP OF DEFENDANTS--THOSE WITHOUT A SERIOUS CRIMINAL RECORD WHOSE CASES DO NOT TAKE UNUSUALLY LONG TO DISPOSE OF--PROBABLY DO NOT BENEFIT FROM POSTRELEASE SUPERVISION, AS THE SUCCESSFUL RELEASING PRACTICES OF CHARLOTTE MAGISTRATES SHOW. POST-RELEASE SUPERVISION SHOULD PROBABLY BE ALLOCATED TO DEFENDANTS WHO NEED IT MOST--THOSE WITH SUBSTANTIAL CRIMINAL RECORDS AND THOSE WHOSE CASES TAKE UNUSUALLY LONG TO REACH COURT DISPOSITION. FINALLY, NOTHING IN THE STUDY SUGGESTS THAT IT WOULD BE DESIRABLE TO REMOVE THE FINANCIAL DISINCENTIVE OF AN UNSECURED APPEARANCE BOND WHOSE AMOUNT DEPENDS GENERALLY ON THE SERIOUSNESS OF THE OFFENSE CHARGED. (AUTHOR ABSTRACT) (SNI ABSTRACT)