Effects of Bail and Other Pre-Trial Procedure on Outcome, Plea and Speedy Trial - A Narrative Report

• NCJ Number: 70088
• Author(s): S A Zamsky; E F Scoles
• Date Published: Unknown
• Length: 96 pages
• Grant Number(s): NI-69-096
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: University of Oregon
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

A study involving the application of computer analysis to determine the impact of bail and other pretrail procedures on case outcome, based upon offender and offense characteristics, is presented.

Abstract

Data from felony cases tried in four Oregon counties during a 1-year period (July 1968 through June 1969), were used for the study. Initial research consisted of interviews with the district attorneys and judges of the counties to determine which records would contain the information needed. Those characteristics dealing with offense were found in the circuit court records and the district attorney's file. Those variables dealing with characteristics of offenders were located in presentence reports prepared by the State probation and parole board. After quantification, the data were analyzed using a regression analysis, discriminate analysis, and a program which tests for interaction among variables. Of the 393 defendants studied, 72 percent were given a dollar amount of bail, 17 percent were released on their own recognizance, 8 percent pleaded guilty and were sentenced to the circuit court arraignment, and 3 percent were denied bail due to the nature of their crimes. Variables considered with relationship to bail decision, ability to meet bail, plea, time before trial, and case outcome included age,sex, race, education, residency, prior record, economic standing, charge, and counsel. Data analysis indicdated that in considering bail treatment and amount of bail, judges primarily based their decisions on the present charge and prior record. A further finding was that decisions were not highly susceptible to prediction. The ability to meet bail was dependent upon the amount of bail, the present charge, and prior record and appeared to have an effect upon the outcome of the case, especially the sentence. Both dollar amount of bail and the ability to meet bail affected time before trial. Those who stayed in jail were brought to final disposition more quickly. Those with high bail and those unable to meet bail were given heavier sentences. Footnotes, extensive tables, and three statistical appendixes are included in the study.