NCJ Number
57980
Journal
Criminology Volume: 17 Issue: 1 Dated: (MAY 1979) Pages: 22-33
Date Published
1979
Length
12 pages
Annotation
THE CONCEPT OF PREVENTIVE DETENTION IS DISCUSSED, AND A MODEL TO GUIDE PROSECUTORS' DECISIONS TO REQUEST PRETRIAL DETENTION IS PRESENTED.
Abstract
SETTING HIGH BAIL FOR CASES IN WHICH DANGER TO THE COMMUNITY (AS OPPOSED TO RISK OF FLIGHT) IS THE ISSUE PRESENTS MORAL, CONSTITUTIONAL, AND METHODOLOGICAL PROBLEMS. SUCH USE OF BAIL VIOLATES THE CONSTITUTIONAL PROHIBITION AGAINST EXCESSIVE BAIL AND DISCRIMINATES AGAINST POTENTIALLY DANGEROUS ARRESTEES WHO DO NOT HAVE FINANCIAL RESOURCES. THERE IS A NEED TO RECOGNIZE THE POTENTIAL DANGEROUSNESS OF AN ARRESTEE AS A LEGITIMATE, INDEPENDENT CONCERN OF THE COURTS. WITH THIS RECOGNITION MUST COME A FAIR AND EFFICIENT MEANS OF ASSESSING DANGEROUSNESS. THE DISTRICT OF COLUMBIA, WHERE 26 PERCENT OF THE 9,503 PERSONS ARRESTED IN 1975 FOR SERIOUS CRIMES WERE FACING CHARGES ON THE SAME OR OTHER OFFENSES AT THE TIME OF THEIR ARRESTS, HAS A LAW PROVIDING FOR PRETRIAL DETENTION FOLLOWING A JUDICIAL DETERMINATION THAT RELEASE WOULD POSE A THREAT TO THE COMMUNITY. BUT PROSECUTORS SELDOM HAVE THE TIME TO INITIATE AND FOLLOW THROUGH ON REQUESTS FOR DETENTION ORDERS. A MODEL THAT COULD HELP PROSECUTORS DECIDE WHETHER TO REQUEST PREVENTIVE DETENTION IS PRESENTED. THE MODEL, WHICH INVOLVES THE CALCULATION OF A 'VIOLENCE SCORE' FOR EACH ARRESTEE, PROVIDES AN OBJECTIVE AND PRACTICAL MEANS OF IDENTIFYING ARRESTEES WHO BY THEIR OWN BEHAVIOR HAVE DEMONSTRATED A STRONG PROPENSITY FOR VIOLENCE. DETAILS OF THE MODEL AND ITS USE ARE PROVIDED, TOGETHER WITH A LIST OF REFERENCES. (LKM)