NCJ Number
115658
Journal
Research in Corrections Volume: 1 Issue: 3 Dated: (October 1988) Pages: 41-51
Date Published
1988
Length
11 pages
Annotation
In response to Stevens H. Clarke's (1988) monograph on pretrial release (PTR), this article discusses opportunities for PTR, controlling risk, and the effectiveness of PTR agencies, with focus on policies and practice in Milwaukee.
Abstract
In Milwaukee, judges generally support a comprehensive use of bail bond, but bond is rarely set with the defendant's ability to pay in mind. Thresholds exist in terms of charge severity and criminal record, but these vary with judge and actual charge severity. The use of community ties to measure risk of nonappearance is given varying amounts of weight by judges, although research in Milwaukee indicates that ties are not significantly related to failure to appear. The majority of releasees make it through the pretrial period without difficulty, and only a small proportion of those who fail to appear in court remain fugitives. In general, failure to appear is the result of a general pattern of irresponsible behavior, a symptom of a disorganized lifestyle and an inability to plan, frustration with the process, or system errors (e.g., inaccurate calendaring or notification error). PTR agencies interested in improving their effectiveness should measure themselves against other agencies over time. Programs should take into account both benefits and costs (PTR opportunities and risks) when applying new strategies. Finally, an incremental approach to bail reform is recommended. Reactions to specific reforms proposed by Clarke are included.