POSTARREST RELEASE DECISIONS - AN EMPIRICAL EXAMINATION OF SOCIAL AND LEGAL CRITERIA

• NCJ Number: 46635
• Journal: Journal of Research in Crime and Delinquency Volume: 15 Issue: 1 Dated: (JANUARY 1978) Pages: 35-53
• Author(s): C E POPE
• Date Published: 1978
• Length: 19 pages
• Corporate Author: National Council on Crime and Delinquency
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: AN EARLIER VERSION OF THIS PAPER WAS PRESENTED AT THE ANNUAL MEETING OF THE AMERICAN SOCIETY OF CRIMINOLOGY, TUCSON, ARIZONA, 1976

Annotation

DATA ON 1,196 CALIFORNIA BURGLARY CASES ARE EXAMINED IN A STUDY OF THE INFLUENCE OF SOCIAL AND LEGAL FACTORS ON DECISIONS TO RELEASE BURGLARY ARRESTEES PRIOR TO TRIAL.

Abstract

THE DATA ARE FROM A CRIME-SPECIFIC BURGLARY PROGRAM SPONSORED TO MAY 1973. SIX LAW ENFORCEMENT AGENCIES WERE INVOLVED. THE ANALYSIS TAKES INTO ACCOUNT THE SIGNIFICANCE OF THE APPREHENDED OFFENDER'S AGE, RACE, AND SEX, THE NUMBER OF CRIME PARTNERS INVOLVED IN THE INCIDENT, THE DISTANCE FROM THE OFFENDER'S RESIDENCE TO THE BURGLARY VICTIM'S RESIDENCE, AND THE OFFENDER'S PREVIOUS CRIMINAL HISTORY. WHEN LEGAL FACTORS ARE DISREGARDED, AGE, SEX, AND ESPECIALLY RACE SUBSTANTIALLY INFLUENCE POLICE DECISIONS TO HOLD BURGLARY ARRESTEES PRIOR TO TRIAL. HOWEVER, WHEN LEGAL CRITERIA (PRIOR RECORD) ARE CONSIDERED, THESE FACTORS DO NOT INFLUENCE POSTARREST DECISIONS. BURGLARY ARRESTEES WITH PRIOR RECORDS ARE MORE LIKELY TO BE HELD THAN ARE ARRESTEES WITHOUT RECORDS. ARRESTEES WHO ARE UNDER SUPERVISION AT THE TIME OF THEIR ARREST ARE MORE LIKELY TO BE HELD THAN THOSE WHO ARE NOT. HOWEVER, A PRIOR RECORD FOR BURGLARY PER SE IS NOT AN IMPORTANT DETERMINANT OF THE HOLD/RELEASE DECISION. IMPLICATIONS OF THE FINDINGS ARE CONSIDERED. SUPPORTING DATA AND A LIST OF REFERENCES ARE INCLUDED. (LKM)