NCJ Number
45333
Date Published
1977
Length
26 pages
Annotation
A STATISTICAL STUDY OF 650 DEFENDANTS IN BUFFALO, N.Y., FOCUSED ON THE OPERATION OF THE BAIL SYSTEM; PRETRIAL DETENTION IN BUFFALO AND THE OPERATIONS OF THE PRE-TRIAL SERVICES AGENCY (PTSA) ARE DESCRIBED.
Abstract
PTSA, A NONPROFIT AGENCY ADMINISTERED BY THE ERIE COUNTY BAR ASSOCIATION, ASSISTS THOSE ARRESTED IN THE COUNTY BETWEEN THE TIME OF THEIR ARREST AND THE DISPOSITION OF THE CASE; MOST OF THE ASSISTANCE IS IN THE FORM OF RECOMMENDATIONS TO JUDGES FOR RELEASE ON RECOGNIZANCE OR FOR SOME FORM OF BAIL. DUE TO ITS ADVISORY ROLE IN THE DETERMINATION OF BAIL, PTSA CONDUCTED THE STUDY TO OBTAIN A COMPREHENSIVE VIEW OF THE BAIL SYSTEM IN WHICH IT OPERATES; TO ESTABLISH A BASIS FOR SELF-EVALUATION AND IMPROVEMENT; AND TO INFORM THOSE WITH WHOM IT DEALS ABOUT PRETRIAL DETENTION, BAIL, AND THE PURPOSE OF THE AGENCY'S WORK. THE EXPIRICAL STUDY, UNDERTAKEN BY PTSA IN 1976, EXAMINED A SAMPLE OF THE DEFENDANTS ARRESTED BY THE BUFFALO POLICE DEPARTMENT AND INTERVIEWED IN THE CITY JAIL BEFORE ARRAIGNMENT IN 1975. INFORMATION WAS COLLECTED FOR EACH OF THE SUBJECTS TO INVESTIGATE RELATIONSHIPS AMONG SUCH FACTORS AS RACE, SEX, AGE, EMPLOYMENT, LENGTH OF RESIDENCE IN THE AREA, PREVIOUS ARRESTS, SERIOUSNESS OF CHARGE, BAIL, COURT APPEARANCE, PRETRIAL DETENTION, CONVICTION, AND SENTENCING. ANALYSIS OF DATA SHOWED THAT BOTH PTSA AND JUDGES EMPLOY THE FOLLOWING APPROPRIATE CRITERIA IN BAIL DECISIONS: PREVIOUS NONAPPEARANCES, RECENT ARRESTS, AND LENGTH OF RESIDENCE AT PRESENT ADDRESS. TO DIFFERENT EXTENTS, BOTH PTSA AND JUDGES, HOWEVER, GIVE AN INAPPROPRIATE WEIGHT TO EMPLOYMENT AND TO MISDEMEANOR-ONLY RECORD IN CONTRAST TO PTSA, JUDGES APPARENTLY TEND TO PLACE MARKED STRESS ON THE SERIOUSNESS OF THE CHARGES, TO DISCRIMINATE IN FAVOR OF MARRIED DEFENDANTS, AND TO PLACE LESS EMPHASIS ON THE LENGTH OF RESIDENCE IN THE COUNTY. THE BAIL SYSTEM AS A WHOLE DISCRIMINATES AGAINST BLACKS, YOUTHS, AND THE POORER DEFENDANTS. ALTHOUGH THE STUDY INDICATES WAYS IN WHICH PTSA COULD IMPROVE ITS WORK, IT ALSO SHOWS THAT PTSA MAKES UNUSUALLY SOUND BAIL RECOMMENDATIONS BASED, IN GENERAL, ON THE CRITERIA SET FORTH IN THE CRIMINAL PROCEDURE LAW. NONETHELESS, THE OVERALL RESULTS OF THE SYSTEM OF BAIL AND PRETRIAL DETENTION REMAIN AT GREAT VARIANCE WITH BOTH THE LEGALLY DEFINED PURPOSE OF BAIL AND WITH ELEMENTARY NOTIONS OF SOCIAL JUSTICE. A SERIOUS NEED FOR A FUNDAMENTAL REEVALUATION OF THE BAIL SYSTEM IS INDICATED. THE AUTHOR ADVOCATES A PRESUMPTION IN FAVOR OF PRETRIAL RELEASE, CONSONANT WITH THE PRESUMPTION OF INNOCENCE. FIGURES AND GRAPHS PRESENT STATISTICAL DATA THROUGHOUT THE REPORT (DS)