NCJ Number
51061
Date Published
1978
Length
68 pages
Annotation
THE PHILADELPHIA PRETRIAL ALTERNATIVES PROJECT (PPAP) WAS ESTABLISHED TO EXAMINE THE PHILADELPHIA CRIMINAL JUSTICE SYSTEM WITH RESPECT TO ITS HANDLING OF DEFENDANTS WHO ARE JAILED PRIOR TO TRIAL.
Abstract
FOUR ASSUMPTIONS INFORMED THIS EXAMINATION: (1) THE PUBLIC INTEREST DEMANDED A BALANCE BETWEEN THE ASSURANCE OF A DEFENDANT'S APPEARANCE AT TRIAL AND THE AVOIDANCE OF WASTE OF RESOURCES CAUSED BY UNNECESSARY DETENTION; (2) INAPPROPRIATE JAILING NOT ONLY WASTED PUBLIC RESOURCES, BUT ALSO IMPOSED DISRUPTION AND DAMAGE IN THE LIFE OF THE DEFENDANT AND THE DEFENDANT'S FAMILY; (3) THE PRESUMPTION OF INNOCENCE DEMANDED EXTREME CAUTION IN DECIDING TO DEPRIVE A DEFENDANT OF HIS OR HER LIBERTY; AND (4) THE DEVELOPING LEGAL STANDARD WHICH WOULD REQUIRE THE STATE TO IMPOSE THE LEAST RESTRICTIVE ALTERNATIVE TO ASSURE A TRIAL APPEARANCE WAS A VIABLE STANDARD BOTH IN THE INTERESTS OF JUSTICE AND OF THE PUBLIC. THE PROJECT WAS SET UP AND FUNCTIONED UNDER THE JOINT AUSPICES OF THE PHILADELPHIA BAR ASSOCIATION AND THE CITY'S COMMISSION FOR EFFECTIVE CRIMINAL JUSTICE. THE PROJECT EXPLORATED THE LEGAL BASIS AND ARGUMENTS FOR THE APPLICATION OF THE LEAST RESTRICTIVE ALTERNATIVE STANDARD, ANALYZED THE NATURE OF DEFENDANTS INCARCERATED IN CITY JAILS, AND CONSIDERED SPECIFIC SYSTEM CHANGES WHICH MIGHT APPROPRIATELY REDUCE THE PRETRIAL POPULATION. THE PRETRIAL POPULATION OF THE CITY'S JAILS IS DESCRIBED, FOLLOWED BY A DISCUSSION OF RECOMMENDED SYSTEM CHANGES AND THEIR PROBABLE POPULATION IMPACT. THE LEGAL GROUNDS FOR THE APPLICATION OF THE LEAST RESTRICTIVE ALTERNATIVE STANDARDS ARE EXAMINED, ALONG WITH SELECTED ALTERNATIVES, INCLUDING DETAINER INTERVENTIONS, CONDITIONAL RELEASE, ALTERNATIVE FACILITIES, PRIORITY LISTING, INTAKE SERVICES, DEFERRED SENTENCE INTERVENTIONS, AND SHORT-TERM DETENTION INTERVENTIONS. AN INDEX OF PROPOSED INTERVENTIONS IS PROVIDED. REFERENCES ARE FOOTNOTED. (KBL)