NCJ Number
30502
Date Published
1974
Length
72 pages
Annotation
SUMMARY ANALYSIS OF VARIOUS RESEARCH AND EVALUATION DOCUMENTS BROADLY CONCERNED WITH THE EFFECTIVENESS OF ALTERNATIVE PRE-TRIAL SERVICE PROGRAMS, ESPECIALLY INTERVENTION OR DIVERSION PROGRAMMING.
Abstract
FOLLOWING A BRIEF SUMMARY OF THE MAJOR PROJECT OBSERVATIONS, THIS REPORT BEGINS THE SUMMATION OF THE RESEARCH REVIEWED WITH A COMMENTARY ON THE FUNCTIONS AND EFFECTS OF THE MONEY BAIL SYSTEM. THE GOALS OF COMPELLING APPEARANCE IN COURT (EXPLICIT) AND DETERRING RECIDIVISM (IMPLICIT) ARE VIEWED THROUGH SEVERAL MAJOR STUDIES OF BAIL SETTING PRACTICE. SPECIFICALLY, TWO ANALYSES OF THE LATTER GOAL (FORMALIZED IN THE DISTRICT OF COLUMBIA UNDER A PREVENTIVE DETENTION LAW) ARE USED TO ILLUSTRATE THE DIFFICULTIES INHERENT IN DEFINING A CLASS OF DEFENDANTS TO BE PREVENTIVELY DETAINED. THIS ANALYSIS LEADS TO A DISCUSSION OF OWN RECOGNIZANCE RELEASE STRATEGIES DEVISED TO REFORM THE MONETARY RELEASE SYSTEM BY IMPROVING THE QUALITY AND QUANTITY OF INFORMATION AVAILABLE TO THE RELEASE DECISION. AT THE CONCLUSION OF THIS SECTION, MAJOR CONTINUING RESEARCH NEEDS ARE IDENTIFIED. THE DEFERRED PROSECUTION CONCEPT IS INTRODUCED AS AN OPPORTUNITY TO EXPAND THE ALTERNATIVES AVAILABLE TO THOSE DEFENDANTS WHO CAN NEITHER MAKE MONEY BAIL NOR QUALIFY FOR OWN RECOGNIZANCE RELEASE. THE DILEMMA POSED BY THE CONCEPT OF COMBINING THE DIVERSIONARY INTENT OF DEFERRED PROSECUTION WITH THE REHABILITATION OBJECTIVES THAT ACCOMPANY THE DELIVERY OF INTERVENTION SERVICES, IS CHARACTERIZED BY EXAMINING THE OPERATIONS AND REPORTED RESULTS OF SEVERAL EARLY PROGRAMS. SOME OF THE CRITICAL DOUBTS THAT HAVE BEEN RAISED REGARDING THE WISDOM OF CERTAIN PRE-TRIAL INTERVENTION PRACTICES ARE DEFINED TOGETHER WITH A SUMMARY OF A NUMBER OF ALTERNATIVE REFORMS PROPOSED TO SERVE MANY OF THE SAME FUNCTIONS AS DIVERSION. THE DISCUSSION CONCLUDES WITH A STATEMENT OF FUTURE RESEARCH NEEDS. A BRIEF CONCLUSION IS ALSO PRESENTED FOLLOWED BY NOTES ON THE CURRENT STATUS OF ADDICT INTERVENTION SCHEMES, DIVERSION OF PUBLIC INEBRIATES AND JUVENILE DIVERSION. RESEARCHERS CONCLUDED THAT THERE IS A PRIMA FACIE CASE TO BE MADE FOR THE EXPANSION AND REFINEMENT OF PRE-TRIAL RELEASE STRATEGIES, INCLUDING OUTRIGHT RELEASE, AND WHERE NECESSARY, CONDITIONAL RELEASE AND RELEASE WITH SUPERVISION AND SERVICES. NO SUCH CASE WAS SUSTAINED IN VIEWING ADULT PRE-TRIAL INTERVENTION PROGRAMS. A NINEPAGE LIST OF REFERENCES ON PRE-TRIAL RELEASE AND DETENTION, DEFERRED PROSECUTION, JUVENILE DIVERSION, ADDICT INTERVENTION, AND DIVERSION OF THE PUBLIC INEBRIATE. FOR VOLUME TWO, WHICH CONTAINS CRITICAL REVIEWS OF ALL EVALUATIONS EXAMINED DURING THE COURSE OF THIS STUDY, SEE NCJ-30503. (AUTHOR ABSTRACT MODIFIED)