History Issues And Analysis Of Pretrial Release And Detention

Addresses some of the critical issues related to the authorization of preventive detention and discusses the potential effects of its use in Minnesota. Gives a brief history of pretrial practices in the U.S. and current alternatives for pretrial decisionmaking. Focuses on preventive detention regarding its affect on jails, public support, racial discrimination, and violation of the constitution.

A number of pre-trial release studies which have been conducted during the past several years show that various measures of criminal activity while on release vary from 7.9 percent (reindictment for those indicted on felony charges) to 70 percent (re-arrest of those originally arrested on a robbery charge). Little actual sentence data were available for or presented in these studies, and no personal data on the defendants or facts about the crimes themselves were shown. This document describes a pilot study of a thorough analysis of criminal cases, including both felonies and misdemeanors, in a four week sample of cases in the District of Columbia during the first half of 1968. The method of data collection is described, together with attendant problems. Summary data for 712 defendants in a sample of 4 weeks taken from the first half of 1968 are presented. Comparisons are made to show the re-arrest rates for defendants initially charged with particular classes of crime. Personal characteristics are examined to determine if any are significant predictors of recidivism. A recidivism index is formulated to give the rate of re-arrest per man-day of exposure. Robbery cases are examined in more detail. (Author).

In this enlightening study, the authors implement a unique research approach to offer a greater understanding of policy reform of pretrial release and detention practices in the criminal courts in Boston, Miami, and Phoenix.

Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the US bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. The first book-length treatment to analyze how bail reproduces racial and economic inequality throughout the criminal justice system, Punishing Poverty explores reform efforts, as jurisdictions begin to move away from money bail systems, and the attempts of the bail bond industry to push back against such reforms. This accessibly written book gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.

In A Kind of Genius, Sam Roberts offers a window onto Herb Sturz's extraordinary life's work. Sturz began his long career in social entrepreneurship by reforming the bail system and founding the Vera Institute of Justice. He served as New York City's Deputy Mayor for Criminal Justice under Ed Koch and then as Chairman of the City Planning Commision. He moved on to establish affordable inner-city housing and programs for at-risk individuals. But Sturz has, to date, largely eschewed the public's eye. Roberts pays tribute to Sturz's inspirational legacy of accomplishment. His initiatives have consistently provided solutions to our most challenging problems. Here, for the first time, his astonishing story is told in full.

The Handbook on Pretrial Justice covers the front end of the criminal legal system from pretrial diversion to pretrial detention or release. Often overlooked, the decisions made at the earliest phases of the criminal legal system have huge implications for defendants and their families, the community, and the system itself, and impact the entire criminal legal system. This collection of essays and reports of original research explores the complexities of pretrial decisions and practices and includes chapters in the following broad areas: the consequences of detention, pretrial decision-making, community supervision, and risk assessment. The book also includes a section looking at pretrial justice outside of the U.S. Each chapter summarizes what is known, identifies the gaps in the research, and discusses the theoretical, empirical, and policy implications of the research findings. This is Volume 6 of the American Society of Criminology’s Division on Corrections and Sentencing handbook series. The handbooks provide in-depth coverage of seminal and topical issues around sentencing and correction for scholars, students, practitioners, and policymakers.

Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.