PRETRIAL RELEASE - PRELIMINARY FINDINGS ON CRIMINALITY FROM THE PHASE 2 NATIONAL EVALUATION STUDY

• NCJ Number: 53111
• Author(s): M A TOBORG; M D SORIN; D A PYNE
• Date Published: 1978
• Length: 25 pages
• Grant Number(s): 77N1-99-0050
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Lazar Institute
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: PRESENTED AT THE SECOND NATIONAL WORKSHOP ON CRIMINAL JUSTICE EVALUATION, WASHINGTON, DC, NOVEMBER 20-21, 1978

Annotation

REARREST RATES AND CHARGES FOR A SAMPLE OF DEFENDANTS ON PRETRIAL RELEASES ARE REPORTED AND EXAMINED IN RELATIONSHIP TO DEFENDANT CHARACTERISTICS.

Abstract

THE FINDINGS OF THIS STUDY ARE BASED ON DATA OBTAINED FROM A RANDOM SAMPLING OF 1,421 DEFENDANTS WHO WERE ARRESTED OVER A 1-YEAR PERIOD IN 3 OF THE SITES STUDIED: BALTIMORE CITY, MD., SANTA CRUZ COUNTY, CALIF., AND JEFFERSON COUNTY (LOUISVILLE), KY. THE FINDINGS RELATE TO 1,209 (86 PERCENT OF THE SAMPLE) OF THESE DEFENDANTS WHO WERE RELEASED PENDING TRIAL. IN THE THREE JURISDICTIONS, 12.2 PERCENT OF THE SUBJECTS WERE REARRESTED WHILE AWAITING TRIAL ON THE ORIGINAL CHARGE, WITH THE RATES FOR INDIVIDUAL AREAS RANGING FROM 7.5 PERCENT TO 21.3 PERCENT. ANALYSIS BY TYPE OF RELEASE FOUND THAT DEFENDANTS RELEASED ON NONFINANCIAL CONDITIONS HAD A REARREST RATE OF 10.4 PERCENT, COMPARED WITH 16.6 PERCENT FOR SUBJECTS RELEASED ON FINANCIAL CONDITIONS. ANALYSIS OF REARREST CHARGES SHOWED THAT 31 PERCENT OF ALL REARRESTS WERE FOR PART 1 OFFENSES (AS CLASSIFIED BY THE FEDERAL BUREAU OF INVESTIGATION) AND 69 PERCENT FOR PART II CRIMES. MOST REARRESTS WERE FOR ECONOMIC AND PROPERTY CRIMES (31 PERCENT) AND RELATIVELY MINOR CRIMES (31 PERCENT), FOLLOWED BY CRIMES AGAINST PERSONS (21 PERCENT) AND 'VICTIMLESS' CRIMES (17 PERCENT). IN CONSIDERING THE RELATIONSHIP BETWEEN DEFENDANT CHARACTERISTICS AND PRETRIAL ARRESTS, MAJOR FINDINGS ARE: (1) PERSONS WITH PRIOR CRIMINAL RECORDS ARE MORE LIKELY THAN OTHERS TO BE REARRESTED DURING THE PRETRIAL RELEASE PERIOD, (2) SUBJECTS WHO ARE UNEMPLOYED OR ECONOMICALLY DEPRIVED ARE MORE LIKELY TO BE REARRESTED, AND (3) PERSONS WHO FAIL TO APPEAR FOR SCHEDULED COURT APPEARANCES AND THOSE INVOLVED IN LENGTHY TRIALS ARE MORE LIKELY TO BE REARRESTED. IT IS NOTED THAT 26 PERCENT OF THOSE REARRESTED DURING THE PRETRIAL PERIOD ALSO FAILED TO APPEAR AT LEAST ONCE IN THE TRIALS FOR THEIR ORIGINAL ARRESTS, AS COMPARED TO A FAILURE-TO-APPEAR RATE OF ABOUT 13 PERCENT FOR SUBJECTS NOT REARRESTED. DATA FROM THE STUDY ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED -- RCB)