Attempts to Predict Pretrial Violence - Research Findings and Legislative Responses (From Prediction of Criminal Violence, P 101-222, 1987, Fernand N Dutile and Cleon H Foust, eds. - See NCJ-104584)

• NCJ Number: 104589
• Author(s): M A Toborg; J P Bellassai
• Date Published: 1987
• Length: 22 pages
• Sale Source: Charles C. Thomas
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

After describing features of pretrial criminal processing, this article summarizes key findings from research on the prediction of pretrial violence and pretrial criminality in general, discusses possible uses of pretrial risk predictions, reviews relevant statutes, and considers recent court decisions pertaining to the constitutionality of pretrial detention of 'dangerous' defendants.

Abstract

Predictions of future criminality are not highly reliable for individual defendants, but defendant groups likely to commit crime during pretrial release can be identified with a satisfactory degree of accuracy. Most State 'danger' laws allow the courts to impose a variety of restrictions on defendants, whose pretrial release is conditioned on compliance with the restrictions. Restrictions may include a curfew, drug abuse treatment, intensive supervision, residence in a halfway house, or house arrest. This would limit pretrial detention to persons having a high risk of committing violent acts over a short term and to those likely to violate pretrial conditions. Law and policy bearing upon pretrial release decisions should balance the defendant's rights, under the presumption of innocence until proven guilty, with the community's right to be protected from 'dangerous' defendants. Research designed to improve the prediction of future criminality will aid in achieving the proper balance between these rights. 77 notes.