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Police and Pretrial Release

NCJ Number
81875
Author(s)
F Feeney
Date Published
1982
Length
211 pages
Annotation
Police citation programs can substantially reduce social and administrative costs by eliminating detention of misdemeanants. This book discusses implementing and managing citation programs.
Abstract
The text recounts the history of issuing citations for non-traffic violations, noting that the first authorizing statute was adopted by New York State in 1932. Data suggest that perhaps one-third of misdemeanor releases involve police citations and that their use is increasing rapidly. Statistics are presented to show the nationwide use of the citation procedure for petty theft and shoplifting, minor assaults, driving under the influence of alcohol, drunkenness, prostitution, gambling, and possession of marijuana. Benefits of citations include cost savings, strengthened community relations, and improved court appearance rates. The citation procedure also saves jailers' time, reduces bail bond costs, gives the prosecutor the opportunity to screen misdemeanor complaints, and allows pretrial release agencies to concentrate on more serious cases. The text presents statutes and court rules that authorize, mandate, or encourage the use of citations and describes their use in New York, Oakland, New Haven, Washington, DC, Jacksonville, and Minneapolis. The citation procedure is discussed in terms of criteria for release, the types of identification used, and other issues. General requirements for a citation form as a court complaint and for police records are discussed; sample forms are provided. The text also considers the attitudes of prosecutors and courts to citations, police bail-setting authority, theories on the right to citation release for juveniles under constitutional law, the use of citations in England and Denmark, and the need for more research on citation procedures. The text recommends that police agencies review their policies to ensure the most effective use of citations, including experimental use for minor felonies. Chapter notes and tables are included. Appendixes provide a list of statutes and court rules relating to non-traffic citations, guidelines for initiating a citation procedure, and an index.

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