PRETRIAL SERVICES: A MAGISTRATE JUDGE'S PERSPECTIVE AND A PROSECUTOR'S VIEW

• NCJ Number: 144495
• Journal: Federal Probation Volume: 57 Issue: 1 Dated: (March 1993) Pages: 15-22
• Author(s): J B Rosen; E M McCann; D W Weber
• Date Published: 1993
• Length: 8 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Format: Article
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

The benefits to the criminal justice system of the development of pretrial services are expressed from the point of view of a judge and a prosecutor.

Abstract

Prior to the development of pretrial services, judges had to make the very important decision about who should be released or detained pending their trial on the basis of very little information. What information was available was not always accurate or complete and since it often was provided by either the defense or the prosecutor it was less than objective. Pretrial services now provide judges with a great deal of vital information in a very short period of time. Pretrial services personnel also bring to the court knowledge about community services that are available, information that is valuable in establishing conditions of release. Judges are urged to avail themselves of the support services and resources provided by pretrial services. In the second half of this article, written by prosecutors, the authors indicate that approximately 85 percent of all defendants in the Nation's 75 most populous counties are released pretrial. This makes clear the need for pretrial services to aid in identifying persons suitable for release, to provide the monitoring and services needed during the pretrial release period and to increase the likelihood that defendants released will show up for trial. The experiences in Milwaukee County prior to the advent of pretrial services and the emergence of pretrial services within the Wisconsin Correctional Service are described. Through a myriad of services this program has served the citizens of Milwaukee County well by facilitating the release of criminal defendants while minimizing the risk to the public safety. Research has shown that defendants who are released prior to trial often receive lighter sentences. This is attributed in part to improvements in their lives made possible by effective pretrial services intervention and treatment between release and sentencing.