NCJ Number
115657
Journal
Research in Corrections Volume: 1 Issue: 3 Dated: (October 1988) Pages: 1-40
Date Published
1988
Length
40 pages
Annotation
This monograph presents an overview of issues and research on pretrial release and discusses strategies for reform.
Abstract
Pretrial release (bail) is used to avoid jailing arrested defendants pending court disposition and to provide reasonable assurance that they will appear in court when required. Scholars disagree if there exists a right to pretrial release, but detaining a defendant by setting a bond beyond his or her means is beyond legal attack. Bail opportunity has expanded since 1960 in an effort to redress discrimination against low-income defendants. Bail conditions are usually set by a magistrate or lower court judge, often at night and often with insufficient information. Research indicates that it is difficult to predict at arrest which defendants will not be released. Secured bonds are effective in keeping some defendants in jail, and the amount of such bonds appears to be the main determinant of release. As bail opportunity has increased so have nonappearance and pretrial rearrest rates. While groups of defendants with low and high risk levels can be identified, nonappearance and rearrest predictions are inaccurate; and most defendants eventually do appear in court. Measures to increase the effectiveness of pretrial release include reducing court delays, increasing bond amounts and/or supervision levels, improving notification procedures, and employing specialized agencies for screening and supervision of defendants. Other include establishing release guidelines, prosecuting willful failure to appear, and stricter enforcement of bond forfeiture. 37 references.