National Symposium on Pretrial Services 1978 - Options in Pretrial Decision-Making

• NCJ Number: 81923
• Author(s): B Beaudin
• Date Published: Unknown
• Length: 0 pages
• Grant Number(s): 76-ED-99-0031
• Sponsoring Agency: US Dept of Justice
• Publication Format: Film
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. Videotape, 1 hour, color, 1 inch tape Symposium held in San Diego, California on April 3-5, 1978. See NCJ-81932-81937 for videotapes and NCJ-52200 for published proceedings.

Annotation

Judges' decisions concerning pretrial conditions for defendants should be based on due process and should not create disparities between rich and poor defendants.

Abstract

Judges have three alternatives available to them when they set pretrial conditions for defendants: money bail, nonfinancial conditions, and pretrial detention. Judges must decide whether or not to detain defendants while they are awaiting trial. A money bail is either arranged through a bail bondsman or as a cash deposit percentage bond given by the defendant or the defendant's family. Personal recognizance is usually the form of nonfinancial pretrial release, although some judges attach certain conditions to this. Judges can create ways to accomplish their goals concerning defendants even if no pretrial service agencies exist in their communities. Conditions set by the judge can be justified on two grounds: to protect the community and to ensure the defendant's reappearance in court for the trial. In some instances, risk-of-flight can be used as a basis for setting pretrial conditions. A question-and-answer period concludes the discussion.