NCJ Number
48335
Date Published
1976
Length
64 pages
Annotation
DEVELOPMENT SUCCESSES AND PROBLEMS OF THE FIRST YEAR ARE DISCUSSED AND AN EXPANDED APPROACH FOR THE SECOND YEAR IS PROPOSED FOR THIS PROJECT PROVIDING COMMUNITY TIES INFORMATION TO COURTS ABOUT DEFENDANTS.
Abstract
THIS BAIL PROJECT IS THE FIRST OF A SERIES OF ACTION-RESEARCH PILOT PROJECTS DEVELOPED IN A PROGRAM OF COLLABORATION BETWEEN THE INNER LONDON PROBATION AND AFTER-CARE SERVICE AND THE VERA INSTITUTE OF JUSTICE OF NEW YORK. THE JOINT WORK IS SUPPORTED BY THE HOME OFFICE, THE U.S. DEPARTMENT OF JUSTICE, THE FORD FOUNDATION AND THE GERMAN MARSHALL FUND OF THE UNITED STATES. LAUNCHED ON MARCH 24, 1975, THE PROJECT STAFF SPENT THE FIRST YEAR DEVELOPING A BASIC PROCEDURE FOR THE EFFICIENT GATHERING, VERIFYING, AND PRESENTING TO JUDGES OF INFORMATION ABOUT THE COMMUNITY TIES OF DEFENDANTS WHOSE BAIL IS OPPOSED BY THE POLICE AT FIRST COURT APPEARANCE. DEFENDANTS BROUGHT FROM OVERNIGHT POLICE CUSTODY TO THE COURT CELLS WERE INTERVIEWED BY PROJECT STAFF WHEN IT APPEARED THAT A CUSTODIAL REMAND WAS A POSSIBILITY. THE FACTUAL INFORMATION RELEVANT TO THE BAIL/CUSTODY DECISION WAS ENTERED ON THE STANDARD BAIL INFORMATION FORM AND, WHENEVER THE INFORMATION INDICATED COMMUNITY TIES THAT COULD BE VERIFIED BY AN INDEPENDENT SOURCE, THIS WAS CONFIRMED BY THE STAFF. NO DEFENDANT WAS INTERVIEWED AND NO VERIFICATION SOURCE WAS CONTACTED WITHOUT WRITTEN CONSENT FROM THE DEFENDANT. INDICATIONS OF THE VALUE OF THE PROJECT INCLUDED: REGULAR REMARKS BY JUDGES IN OPEN COURT THAT THE INFORMATION PROVIDED THROUGH THE PROJECT WAS HELPFUL; ABILITY OF POLICE TO WITHDRAW BAIL OBJECTIONS BEFORE COURT APPEARANCE FROM INFORMATION PROVIDED THEM BY PROJECT STAFF; RISE IN THE RATE AT WHICH BAIL WAS GRANTED IN CONTESTED CASES; INDICATION BY PROBATION OFFICERS CONTACTED FOR VERIFICATION THAT THE PROJECT'S WORK HELPED IN ALERTING THEM TO THE FACT OF A FORMER OR CURRENT CLIENT'S NEW ARREST AND IN PROVIDING BASIC BACKGROUND INFORMATION RELEVANT TO THEIR WORK; AND, WHERE INTERVIEWS REVEALED A TROUBLED FAMILY SITUATION, INTERVENTION BY PROJECT STAFF TO REMEDY PROBLEMS THAT MIGHT HAVE OTHERWISE PREVENTED THE GRANTING OF BAIL. PROPOSALS FOR THE SECOND YEAR ARE AS FOLLOWS: THE EXPANSION OF THE PROGRAM TO OTHER COURTS; THE PROVISION OF DIRECT ASSISTANCE TO BAILED PERSONS IN A VARIETY OF NEED AREAS; THE PROVISION OF CRISIS SUPPORT TO DEFENDENTS WHO WOULD BE BAILED ON CONDITION OF SUPERVISION; AND THE PROVISION TO JUDGES, IN CAREFULLY SELECTED CASES, OF A CONDITION OF BAIL MORE FLEXIBLE AND CLIENT-ORIENTED THAN IS CURRENTLY THE CASE, MORE HUMANE THAN IMPRISONMENT, AND SAFER THAN OUTRIGHT RELEASE. (RCB)