NCJ Number
13857
Date Published
1974
Length
233 pages
Annotation
A COMPREHENSIVE INVESTIGATION OF THE CURRENT PRE-TRIAL RELEASE SYSTEM IN THE UNITED STATES AND A DISCUSSION OF VARIOUS REFORMS WHICH HAVE BEEN OFFERED FOR ITS IMPROVEMENT.
Abstract
THE RESEARCH IS COMPREHENSIVE IN THAT 125 KNOWLEDGEABLE OFFICIALS IN ELEVEN CITIES WERE INTERVIEWED AND AN ADDITIONAL 160 RESPONDENTS FROM SEVENTY-TWO OTHER CITIES COMPLETED QUESTIONNAIRES ON THE ADMINISTRATION OF BAIL IN THEIR COMMUNITIES. THE CITIES WERE SELECTED SO AS TO ENSURE GEOGRAPHICAL DISPERSION AS WELL AS TO REPRESENT A BROAD RANGE OF DEMOGRAPHIC CHARACTERISTICS. THE STUDY REVIEWS THE TRADITIONAL PURPOSE AND USES OF BAIL AS WELL AS METHODS OF OBTAINING PRETRIAL RELEASE. AN OVERVIEW OF THE PROCEDURAL ASPECTS OF THE AMERICAN BAIL SYSTEM, INCLUDING THE ROLES PLAYED BY THE POLICE, THE PROSECUTOR, DEFENSE COUNSEL, COURT OFFICIALS, AND THE BONDSMEN IS PRESENTED. THE AUTHOR IDENTIFIES INSTANCES OF PRETRIAL MISCONDUCT SUCH AS FAILURES TO APPEAR, FORFEITURES, AND ARRESTS WHILE ON RELEASE PENDING TRIAL. THE BAIL REFORM MOVEMENT IS INTRODUCED AND CITIES WITH REFORMED BAIL SYSTEMS AND THOSE WITH TRADITIONAL BAIL PROCESSES ARE COMPARED. THE STUDY CONCLUDES WITH A CRITIQUE OF THE CURRENT BAIL SYSTEM AND PREDICTIONS ON THE FUTURE OF BAIL REFORM. (SNI ABSTRACT)