NCJ Number
47929
Date Published
1978
Length
13 pages
Annotation
TWO BAIL PROBLEMS FACING COURT ADMINISTRATORS -- FAILURE TO APPEAR FOR TRIAL AND PRETRIAL CRIMINAL CONDUCT -- ARE DISCUSSED.
Abstract
FAILURE TO APPEAR FOR TRIAL IS REFLECTED IN FORFEITURE RATES; THESE STATISTICS ARE VITAL IN EVALUATING THE EFFECTIVENESS OF A SYSTEM OF PRETRIAL RELEASE. A HIGH RATE INDICATES THAT THOSE JUDICIAL OFFICIALS RESPONSIBLE FOR MAKING RELEASE DECISIONS HAVE BEEN POOR PREDICTORS OF FUTURE BEHAVIOR ON THE PART OF THE DEFENDANTS. IT IS ALSO IMPORTANT THAT THE COURT IS MADE AWARE OF ITS INADEQUATE METHODS OF NOTIFICATION AND SUPERVISION; MANY DEFENDANTS FAIL TO APPEAR BECAUSE THE COURT SIMPLY FAILED TO GIVE THEM CLEAR NOTICE OF THEIR NEXT APPEARANCE DATE OR WAS UNWILLING OR UNABLE TO COMMUNICATE THIS INFORMATION TO THE DEFENDANT DURING PRETRIAL RELEASE. A FINAL SIGNIFICANCE ATTACHED TO HIGH RATES IS THAT FORFEITURE RATES MAY BE USED AS A MEANS TO DISCREDIT THE BAIL-SETTING PRACTICES OF CERTAIN JUDGES WHO ARE RELEASING DEFENDANTS ON THEIR OWN RECOGNIZANCE OR NOMINAL BOND. SYSTEMS WITH GENERALLY LOW RATES ARE OFTEN THOSE THAT TAKE A SOFTLINE ON FORFEITURE; IF A DEFENDANT FAILS TO APPEAR, HE MAY BE GIVEN A DAY TO REPORT OR MAY BE INFORMALLY REMINDED. SYSTEMS WITH HIGH FORFEITURE RATES ARE USUALLY THOSE TAKING A HARDLINE ON TARDINESS AND USUALLY AS PART OF A CONSCIOUS EFFORT TO DISCREDIT LENIENT BAIL POLICIES. TABULAR DATA REGARDING THE FORFEITURE RATES FOR EIGHT EASTERN AND MIDWESTERN CITIES ARE PRESENTED AND DISCUSSED, WITH PARTICULAR ATTENTION TO DETROIT'S STRICT INTERPRETATION OF WHAT CONSTITUTES FORFEITURE. A MORE SERIOUS PRETRIAL PROBLEM IS CRIMINAL MISCONDUCT ON THE PART OF DEFENDANTS AWAITING TRIAL ON A SEPARATE OFFENSE, OF WHICH REARREST RATES ARE THE CHIEF INDICATOR. SUCH INCIDENTS ARE FREQUENTLY WELL PUBLICIZED AND THEY ARE OFTEN THE DEATH KNELL FOR ANY ATTEMPT AT INITIATING BAIL REFORM PROJECTS WITHIN A COMMUNITY. A TABULAR SUMMARY IS PRESENTED OF A 72-CITY SURVEY BY THE NATIONAL INSTITUTE OF LAW ENFORCEMENT OF THE DEPARTMENT OF JUSTICE. THIS SURVEY ESTIMATED THE NATIONAL REARREST RATE TO BE APPROXIMATELY 7 PERCENT, WITH 6.4 PERCENT FOR THOSE RELEASED ON RECOGNIZANCE AND 8.2 PERCENT FOR THOSE RELEASED ON SOME FORM OF MONETARY BAIL. TABULAR DATA ARE PRESENTED REGARDING OPERATIONAL PROCEDURES, RELEASE CRITERIA AND FORFEITURE RATES, THE IMPORTANCE OF DEMOGRAPHIC VARIABLES TO THE REARREST RATE, ADDITIONAL CRIME RATE AND OPERATION PROCEDURES, AND RELEASE CRITERIA AND THE ADDITIONAL CRIME RATE. SUGGESTIONS AS TO HOW FORFEITURE AND REARREST RATES CAN BE REDUCED ARE ALSO DISCUSSED. TABULAR DATA ARE INCLUDED. (KBL)