NCJ Number
57624
Journal
Criminal Justice Review Volume: 3 Issue: 1 Dated: (SPRING 1978) Pages: 1-7
Date Published
1978
Length
7 pages
Annotation
THE U.S. BAIL SYSTEM IS INEFFECTIVE BECAUSE IT DOES NOT ACHIEVE ITS OBJECTIVE OF DETAINING DANGEROUS OFFENDERS, BUT INSTEAD DETAINS POOR OFFENDERS WHO CANNOT RAISE THE BAIL.
Abstract
DATA SHOW THAT THE BAIL SYSTEM DOES NOT PROTECT SOCIETY FROM DANGEROUS OFFENDERS BECAUSE INCOME, NOT DANGEROUSNESS, IS THE BASIS FOR DETERMINING RELEASE. THE AFFLUENT AND PROFESSIONALS ARE THOSE WHO WILL BE RELEASED. THUS THE TENDENCY IS FOR THE INDIGENT, MINORITY PERSONS, AND RELATIVELY INEXPERIENCED MINOR OFFENDERS TO BE DETAINED. FURTHERMORE IT HAS BEEN SHOWN THAT THOSE RELEASED ON BAIL ARE MORE LIKELY TO RECEIVE FAIR AND EQUITABLE DISPOSITION OF COURT PROCEEDINGS BECAUSE DETENTION PRIOR TO TRIAL HANDICAPS DEFENDANTS IN THEIR ABILITY TO CONDUCT A PROPER DEFENSE. BAIL REFORM WOULD HAVE SEVERAL ADVANTAGES. COSTS WOULD BE REDUCED BY RELEASING MINOR OFFENDERS; THIS INCLUDES THE DIRECT COSTS OF PHYSICAL DETENTION AND THE INDIRECT COSTS OF LOSS OF INCOME BY DEFENDANTS. MINOR OFFENSES WOULD BEST BE SERVED THROUGH A SUMMONS PROCESS. FOR MINOR OFFENSES INVOLVING INCARCERATION OF 30 DAYS OR MORE, A SCREENING PROCESS SHOULD OCCUR WITH THE GOAL TO RELEASE ALMOST EVERYONE. IF IT BECOMES NECESSARY TO SET BAIL, THE AMOUNT SHOULD BE RELATED TO THE AFFLUENCE OF THE OFFENDER, MAKING FORFEITURE A SERIOUS OFFENSE IN ITSELF. OTHER ALTERNATIVES SUCH AS SUMMONS, RELEASE ON RECOGNIZANCE, AND RELEASE TO A SPONSOR SHOULD BE INSTITUTED TO ORDER TO RELEASE THE MAJORITY OF MINOR OFFENDERS FROM PRETRIAL DETENTION. REFERENCES ARE PROVIDED. (STB)