NCJ Number
85463
Journal
Annual Journal Volume: 4 Dated: (1981) Pages: 68-102
Date Published
1981
Length
35 pages
Annotation
Current pretrial release practices should be changed in order to bring about a better level of justice for both the individual charged and society as a whole.
Abstract
Where statutory authority exists, judges should be encouraged to set nonfinancial conditions of release designed to protect the community. Judges should not rely on high money bond to achieve detention of persons perceived to be dangerous. Laws should require the release proceeding to become a two-pronged process in which the issues of appearance and safety are addressed separately. Pretrial detention is appropriate only in limited circumstances. When it occurs, specific constitutional safeguards must be made available, such as weekly judicial review of the circumstances that appear to require such detention. Persons detained before trial should be held in a facility which is separate from facilities used for convicted persons. Bail bond for profit should be eliminated, and the use of other financial conditions of release should be minimized. Reasons for elimination of bail for profit practices include historical abuses, lack of accountability, and the discriminatory aspect of bail. Pretrial release agencies should identify and suggest alternatives that will permit the court to release all those charged with a crime on the least restrictive conditions that will assure future appearances and community safety. Seventy-six footnotes are provided.