BAIL ISSUES AND PROSPECTS

• NCJ Number: 45223
• Author(s): W CLIFFORD; L T WILKINS
• Date Published: 1976
• Length: 61 pages
• Corporate Author: Australian Institute of Criminology
• Sale Source: Australian Institute of Criminology
• Publication Type: Report (Study/Research)
• Language: English
• Country: Australia
• Note: INCLUDES A PROPOSED GUIDELINE MODEL

Annotation

VARIOUS ASPECTS OF BAIL DECISIONMAKING ARE DISCUSSED, WITH A FOCUS ON THE PROPRIETY OF BAIL, GUIDELINE MODELS, POSSIBLE OPERATIONAL PROCEDURES, AND THE THEORETICAL BACKGROUND FOR DECISIONMAKING.

Abstract

FIRST, THE GENERAL ISSUES OF BAIL ARE UNDERSCORED. THE FOLLOWING ISSUES RELATING TO BAIL SYSTEMS AND THEIR ADMINISTRATION IN COUNTRIES LIKE THE UNITED KINGDOM, CANADA, THE U.S., AND AUSTRALIA ARE DISCUSSED: (1) THE FAIRNESS OF BAIL'S APPLICATION; (2) THE EFFECTS OF NOT GRANTING BAIL ON THE ASSUMPTION OF INNOCENCE UNTIL PROVEN GUILTY; (3) THE INVALIDITY OF THE ASSUMPTION THAT IT IS POSSIBLE TO PREDICT THE FUTURE POSSIBLE BEHAVIOR OF AN INDIVIDUAL ACCUSED OF A CRIME; AND (4) DISADVANTAGES OF NOT GRANTING BAIL (E.G., POSSIBLE EFFECT ON BOTH THE LIKELIHOOD OF CONVICTION AND LIKELIHOOD OF IMPRISONMENT AS OPPOSED TO SOME OTHER DISPOSITION). THE CRITERIA AND REASONS FOR GRANTING BAIL ARE ALSO DISCUSSED, INCLUDING ENSURING APPEARANCE AT TRIAL, SERIOUSNESS OF THE OFFENSE, THE PROBABILITY OF CONVICTION, SEVERITY OF PUNISHMENT, PREVIOUS RECORD, AND POSSIBILITY OF FURTHER OFFENSE. NEXT, GUIDELINE MODELS FOR BAIL DECISIONMAKING ARE DISCUSSED. MODELS IN USE IN U.S. ARE HIGHLIGHTED WITH EMPHASIS ON THE ACCEPTABILITY OF THE GUIDELINE CONCEPT, THE USE OF GUIDELINES, THE UTILITY OF GUIDELINES, AND THE IMPLEMENTATION OF SUCH MODELS. ESTABLISHING PREDICTION FACTOR SCORES IS ALSO DISCUSSED. NEXT, SOME POSSIBLE OPERATIONAL PROCEDURES FOR BAIL DECISIONMAKING ARE INTRODUCED, WITH ATTENTION TO DEPARTURES FROM ACCEPTED GUIDELINES, THE BALANCE OF POLICY CONTROL, JUDGES AS POLICY DECISIONMAKERS, AND GUIDELINE MONITORING AND MODIFICATION. FINALLY, ASPECTS OF THE THEORETICAL BACKGROUND OF BAIL DECISIONMAKING ARE EXAMINED, INCLUDING THE DECISION NETWORK, INFORMATION SEARCH STRATEGIES, DECOMPOSITION AND RESTRUCTURING, THE BASIS FOR RESEARCH, EXPLANATIONS OF THE DECISIONMAKING PROCESS, AND POLICY CONTROL. AN ILLUSTRATIVE CLASSIFICATION OF OFFENSES BY SERIOUSNESS AND PREDICTION TABLE ITEMS ARE APPENDED. ASSORTED CHARTS AND TABLES ARE PROVIDED, AS ARE REFERENCES. (KBL)