FEDERAL BAIL PROCESS FOSTERS INEQUITIES

• NCJ Number: 51448
• Author(s): ANON
• Date Published: 1978
• Length: 77 pages
• Corporate Author: US Comptroller General
• Sale Source: US Government Accountability Office
• Language: English
• Country: United States of America
• Note: ADDITIONAL COPIES $1.00 PER REPORT TO THE CONGRESS OF THE UNITED STATES BY THE COMPTROLLER GENERAL

Annotation

LEGISLATION RELEVANT TO THE FEDERAL BAIL PROCESS IS CONSIDERED, AND SEVERAL WAYS TO MAKE FEDERAL BAIL DECISIONS MORE FAIR AND CONSISTENT ARE OFFERED.

Abstract

LAWS AFFECTING THE RIGHTS OF ACCUSED PERSONS IN THE BAIL PROCESS INCLUDE THE BAIL REFORM ACT OF 1966 AND THE SPEEDY TRIAL ACT OF 1974. THE BAIL REFORM ACT WAS PASSED TO ASSURE THAT DEFENDANTS, REGARDLESS OF FINANCIAL STATUS, ARE NOT DETAINED NEEDLESSLY WHILE AWAITING COURT APPEARANCES. TITLE II OF THE SPEEDY TRIAL ACT REQUIRES THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS TO ESTABLISH PRETRIAL SERVICE AGENCIES IN 10 OF THE 95 FEDERAL DISTRICT COURTS ON A DEMONSTRATION BASIS. A MAJOR OBJECTIVE OF THE PILOT PROGRAM IS TO DETERMINE WHETHER SUCH AGENCIES CAN IMPROVE THE BAIL PROCESS BY REDUCING PRETRIAL DETENTION, FAILURES TO APPEAR, AND CRIMES COMMITTED WHILE ON BAIL. THE FEDERAL BAIL PROCESS TREATS DEFENDANTS INCONSISTENTLY AND OFTEN UNFAIRLY, AND BETTER MANAGEMENT INFORMATION IN GENERAL CAN IMPROVE THE PROCESS. THE FEDERAL JUDICIARY CAN MAKE BAIL DECISIONS MORE EQUITABLE AND REDUCE DIFFERENCES IN CONDITIONS OF RELEASE BY EMPLOYING THE FOLLOWING MEASURES: CLARIFYING THE LEGITIMATE PURPOSE OF BAIL; PROVIDING JUDICIAL OFFICERS WITH INFORMATION AND GUIDANCE ON HOW BAIL DECISIONS CRITERIA LISTED IN THE BAIL REFORM ACT RELATE TO THE DETERMINATION OF APPROPRIATE CONDITIONS FOR RELEASE; ELIMINATING THE PRACTICE OF PLACING BLANKET RESTRICTIONS ON ALL DEFENDANTS; DEVELOPING WAYS TO PROMOTE GREATER USE OF SECURED APPEARANCE BONDS IN LIEU OF CORPORATE SURETY BONDS; PROVIDING THE MEANS FOR JUDICIAL OFFICERS TO HAVE MORE COMPLETE AND ACCURATE INFORMATION ON DEFENDANTS IN MAKING BAIL DECISIONS; AND ESTABLISHING A SYSTEM TO PROVIDE JUDICIAL OFFICERS WITH FEEDBACK ON THE RESULTS OF THEIR BAIL DECISIONS IN RELATION TO DECISIONS OF OTHER JUDICIAL OFFICERS AND TO MONITOR AND EVALUATE THE BAIL PROCESS. CONTINUATION AND EXPANSION OF THE PRETRIAL SERVICE AGENCY FUNCTION OF PROVIDING VERIFIED DEFENDANT-RELATED INFORMATION ARE SUPPORTED. A GLOSSARY IS INCLUDED. (DEP)