NCJ Number
56009
Date Published
1977
Length
28 pages
Annotation
GUIDELINES PERTAINING TO THE ROLE OF THE PROSECUTOR IN PRETRIAL RELEASE PROCEEDINGS ARE PRESENTED.
Abstract
POLICY CONSIDERATIONS IN THE PRETRIAL RELEASE DECISION ARE DISCUSSED, INCLUDING THE FOLLOWING: THE DESIRABILITY OF NOT DETAINING DEFENDANTS WHOSE GUILT HAS NOT BEEN ADJUDICATED; THE NEED TO PROTECT THE COMMUNITY FROM CRIMES THEIR DEFENDANT MIGHT COMMIT WHILE ON RELEASE; THE NEED TO ASSURE THE DEFENDANT'S APPEARANCE IN COURT; AND CONSIDERATIONS RELATED TO SPEEDY TRIAL REQUIREMENTS, CONSISTENCY OF PROSECUTORIAL RECOMMENDATIONS REGARDING PRETRIAL RELEASE, AND PROTECTION OF WITNESSES. ASPECTS OF THE DEFENDANT'S BACKGROUND AND CURRENT STATUS THAT SHOULD BE TAKEN INTO ACCOUNT IN DECIDING WHETHER TO RECOMMEND PRETRIAL RELEASE ARE NOTED. OPTIONS FOR RELEASE OR DETENTION ARE DESCRIBED, INCLUDING UNCONDITIONAL RELEASE ON OWN RECOGNIZANCE, RELEASE ON NONMONETARY CONDITIONS, RELEASE ON MONETARY CONDITIONS, THIRD-PARTY CUSTODY RELEASE, PART-TIME RELEASE, AND DETENTION. PARTICULAR ATTENTION IS DIRECTED TO PROCEDURES NECESSARY TO PROTECT THE RIGHTS OF THE ACCUSED WHEN PRETRIAL DETENTION IS DECIDED UPON. FACTORS TO CONSIDER IN DETERMINING CONDITIONS OF RELEASE ARE NOTED, AS ARE SOURCES OF INFORMATION PERTINENT TO THE PRETRIAL RELEASE DECISION. THE PROSECUTOR'S FUNCTION IN PRETRIAL RELEASE HEARINGS IS DISCUSSED. OTHER ASPECTS OF PROSECUTORIAL RESPONSIBILITY RELATING TO PRETRIAL RELEASE ARE CONSIDERED, INCLUDING REVOCATION OF CONDITIONAL RELEASE, RELATIONS WITH PROBATION AND PAROLE AUTHORITIES, PROSECUTION OF BAIL VIOLATORS, FUGITIVE PROGRAMS, CAREER CRIMINAL UNITS, PRETRIAL DETENTION FACILITIES, AND PREPARATION FOR TRIAL BY DETAINED DEFENDANTS. A BIBLIOGRAPHY IS PROVIDED. (LKM)