NCJ Number
53820
Date Published
1977
Length
224 pages
Annotation
FACTORS INFLUENCING THE DECISION TO RELEASE A DEFENDANT ON PERSONAL RECOGNIZANCE ARE EXPLORED IN AN ANALYSIS OF DATA FROM PROGRAMS IN DULUTH, MINN., SALT LAKE CITY, UTAH, AND SAN MATEO COUNTY, CALIF.
Abstract
RELEASE ON RECOGNIZANCE WAS ENVISIONED BY REFORMERS AS A LESS DISCRIMINATORY PRETRIAL RELEASE ALTERNATIVE TO MONETARY BAIL. WHEREAS MONETARY BAIL RELIED ON ECONOMIC FACTORS AND DISCRIMINATED AGAINST INDIGENT DEFENDANTS, RELEASE ON RECOGNIZANCE WAS TO BE BASED ON THE CONCEPT OF COMMUNITY TIES AS 'NATURAL DETERRENTS' TO FLIGHT BEFORE ADJUDICATION. DATA FROM THE DULUTH, SALT LAKE CITY, AND SAN MATEO COUNTY PRERELEASE PROGRAMS ARE ANALYZED TO DETERMINE THE EFFECTS OF SIX FACTORS--THE DEFENDANT'S PERSONAL CHARACTERISTICS, PRIOR OFFENSES, RESIDENTIAL AND FAMILY TIES, PRESENT OFFENSE, AND ACCESS TO FINANCIAL RESOURCES--ON THE DECISION TO RELEASE ON RECOGNIZANCE. THE ANALYSIS SHOWS THAT THE PRIMARY FACTOR INFLUENCING THAT DECISION IS THE DEFENDANT' PRIOR OFFENSE RECORD. COMMUNITY (RESIDENTIAL AND FAMILY) TIES ARE OF RELATIVELY LITTLE IMPORTANCE IN THE DECISION. COMMUNITY TIES ALSO APPEAR TO BE UNRELATED TO WHETHER A DEFENDANT APPEARS FOR ADJUDICATION. AGE OF THE DEFENDANT IS THE MOST SIGNIFICANT FACTOR IN FAILURE TO APPEAR. THE FINANCIAL STATUS OF THE DEFENDANT ALSO INFLUENCES THE DECISION TO RELEASE ON RECOGNIZANCE. THE POSSIBILITY THAT ORGANIZATIONAL FACTORS (E.G., CRIMINAL JUSTICE SYSTEM ACTORS VIEWING RELEASE ON RECOGNIZANCE AS A THREAT TO THEIR POWER) ACCOUNT FOR THE FINDINGS IS SUGGESTED. IT IS CONCLUDED THAT RELEASE ON RECOGNIZANCE APPARENTLY HAS JOINED THE LONG LINE OF CRIMINAL JUSTICE REFORMS CHARACTERIZED BY UNKEPT PROMISES. DETAILS OF THE PROGRAMS STUDIED AND OF THE STATISTICAL ANALYSIS ARE PROVIDED, TOGETHER WITH SUGGESTIONS FOR FURTHER RESEARCH, STUDY INSTRUMENTS, SUPPORTING DATA, AND A LIST OF REFERENCES. (LKM)