Bail decision making and pretrial detention

Bail practices became the target of reform efforts during the 1960's and 1970's not only because of issues concerning economic bias against indigent defendants but also because of criticism of the bail decision itself. Questions were raised about the appropriate uses of bail (e.g., to prevent flight or pretrial crime, or to inflict pretrial punishment), the rationality of the criteria relied on by judges in deciding bail, and the discretionary allocation of pretrial detention through high cash bail. In this article, case law and statutes governing bail practices in the United States are reviewed first to characterize the ambiguous legal framework from within which bail judges must operate. Then bail decisions in a large urban jurisdiction are analyzed as a case study to discover the factors most influential in determining pretrial release options. It is inferred that, even after years of reform, community-ties measures do not play a major role in the bail decision or the determination of pretrial custody; rather, the nature of the charged offense appears most influential. A finding of special significance is that a large proportion of these decisions could not be explained systematically (i.e., a large share of variance remained unexplained). The article concludes by suggesting a guidelines approach to bail that could narrow disparity in bail options and the use of detention, enhance the rationality of the decision process and contribute to more equitable pretrial practices.Revised version of a paper presented at the annual meeting of the American Psychological Association, Toronto, August, 1978. This research was supported, in part, by a grant from the Statistics Division of the Law Enforcement Assistance Administration to the Criminal Justice Research Center. Points of view or opinions stated are those of the authors and do not necessarily represent the official position of policies of the U.S. Department of Justice.     

The treatment ideal and detention reality: Demographic,professional/ occupational and organizational influences on detention worker punitiveness

For some time, corrections researchers have focused on the punitive and rehabilitative orientations of correctional officers. Relatively little research attention, however, has been devoted to understanding the support for these orientations among correctional workers responsible for the care and custody of juvenile delinquents. Based on survey data drawn from a sample of detention care workers (DCWs) in two facilities in a Southeastern state (N=109), this paper examines the extent to which, and why, DCWs adopt a punitive orientation to youth in detention despite policies and training that discourage this view. Findings, that contrast the relative impact of demographic, occupational/professional and organizational environment variables in accounting for variation in punishment/control orientation among DCWs, suggest that demographic indicators (i.e., age, gender) and organizational environment contribute disproportionately to explained variance in punitive orientation once other variables are controlled. Implications for detention policy, staff recruitment and training are discussed.     

Juvenile detention: The hidden closets revisited

This is the first national study of juvenile detention in more than a decade. The findings indicate that these facilities are undergoing a fundamental and substantial change. The consensus of professional opinion as well as recommendations from national standard-setting bodies indicate that juvenile detention centers should be reserved for those youth who present a clear and substantial threat to the community and who need to be confined until they appear in court. Now these facilities are assuming an added function by serving as short-term commitment options for juvenile court judges. In addition, the study found that the excessive use of detention continues to be a major problem.     

Criminal and civil community-based "detention": some parallels

Over the last 20 years, governments in Australia and elsewhere have increasingly embraced the notion of community-based treatment of the mentally ill in preference to detention in a mental health facility. At the same time, governments have also embraced the notion of community-based treatment and punishment of criminal offenders in preference to detention in a custodial facility. This article examines the use of Community Treatment Orders (CTOs) within the Victorian mental health regime, and the use of Intensive Correction Orders (ICOs) within the Victorian criminal justice regime. It is argued that a number of striking similarities can be found in the respective legislative schemes and policy considerations.     

The phenomenology and course of depressive syndromes in pre-trial detention

This study focuses on the prevalence, the phenomenology and the course of depressive syndromes in pre-trial confinement. In the course of the first examination, socio-biographic data and information pertaining to subjects' psychiatric and forensic record and their current situation in imprisonment were collected from a random sample of 105 male prisoners in a Berlin pre-trial detention center, with the help of a semi-structured interview. The Beck Depression Inventory (BDI-II) and the Hamilton Depression Rating Scale (HAMD), each a self-rating questionnaire, taken together with a clinician rating were successively performed to assess the level of depression. A further examination was conducted approximately three weeks later. The subjects in the follow-up group (n=67) were questioned in a semi-structured follow-up interview regarding their confinement conditions and were requested again to fill in the BDI-II and HAMD questionnaires. The statistical analysis compares the results from administration of the two instruments at two points in time. Individual's symptoms of depression as well as potentially aggravating or protective factors relating to the development of depressive symptoms are taken note of separately. The results of the study reveal the prevalence of mild depressive syndromes in a pre-trial prison population and a tendency to improve within the period of pre-trial confinement.     

Preadjudicatory detention in a large metropolitan juvenile court

While the use, and possible abuse, of detention by the juvenile court has been the subject of heated controversy in recent years, this issue has received very little systematic empirical attention. A few studies of detention have been conducted, but they have produced mixed findings, which may be a result of the different locations and time periods considered, and the different methodologies employed. To shed additional light on this important question, we examine in this investigation the effect of a variety of legal, extralegal, and other case characteristics on the preadjudicatory detention practices of a large metropolitan juvenile court. Over 60,000 cases disposed of by the court during a seven-year period (1969–1975) were considered in a detailed multivariate analysis of detention outcomes (detained/not detained). The analysis produced no evidence that the court operates on a double standard—discriminates—along sexual, racial, or socioeconomic lines in the use of detention. Both additive and interaction statistical models considering the extralegal variables showed a youth's sex, race, and social class to be largely independent of detention decisions. In contrast, a legal factor—a youth's previous court experience—was found to be an important predictor of detention. This factor better accounts for detention outcomes than any, or all, of the other legal, extralegal, and other case history variables considered in the analysis.     

Sudden death after release from police detention]

3 fatalities shortly after discharge from police custody are reported. Case 1: A 55-year old alcoholic was discharged from police custody after taking a blood sample under violent conditions and found dead in his flat 2 days later. Cause of death: arrhythmia due to acute coronary insufficiency or alcoholic cardiomyopathy. Case 2: A 27-year-old alcoholic was met highly intoxicated twice in the course of one day, was put in the family's care and was found dead the next morning. Cause of death: alcohol/drug intoxication with agonal aspiration. Case 3: A 32-year-old man known to be prone to seizures and to become aggressive under the influence of alcohol was left by the police in medical care confined to a litter in a "hog-tied" fashion with the help of 3 belts. Cause of death: cerebral hypoxia after respiratory and cardiac arrest of unknown reason. A causal relationship with positional restraint is discussed. The cases reported underline the duty of the police to examine prior to discharge from custody with the appropriate lot of care whether the person held in custody has recovered from the helpless state due to disease, injury or intoxication or if medical treatment is required.     

关于恐怖主义犯罪心理和行为特点的初步研究

恐怖主义犯罪作为由某些组织或国家在恐怖主义理念支配下,通过暴力或其他危险方法造成社会恐怖,以实现其政治、宗教或其他意识形态目的的犯罪行为,是一种新的犯罪样态。这种犯罪往往具有较为独特的认知、情感特点和意志品质,也具有较为独特的行为特点。为更好的打击、预防这种犯罪。应加强其心理和行为特点的研究。     

论船用燃油的扣押与执行

扣押船用燃油的执行需要将燃油卸离船舶,但在实践中存在来自于安全要求、海关手续、履行主体等方面的困难,法院又不可以将燃油继续存放于船上的方式来执行船用燃油的扣押。法院在处理有关扣押船用燃油的申请时,应当注意对本港作业条件的了解,明确执行期限,及时采取强制执行措施,既维护其裁定的权威性,又不损害第三人的利益。     

芬兰的民事执行制度

芬兰属大陆法系国家,在司法体制架构上遵循司法事务与行政事务相分离的原则。法院的司法行政事务由司法部负责。芬兰司法部下设四大部门,即公共司、司法管理局、立法局和狱政局。其中司法管理局内设专门负责民事执行事务的民事执行司。芬兰早在1895年就制定颁布了《执行法》,该法自实施109年来,进行过多次大的修改。2004年3月初是最新修改过的一次。 民事执行司的主要职责有五项:一是负责法院生效民事判决的执行。二是负责税收案件的强制执行。三是负责行政处罚强制执行。四是负责医疗收费的强制执行。所谓医疗收费的强制执行是指,患者在公共医疗机构(即国立医院)看过病后,不按时足额的支付应承担的医疗费用,经医院多次催促,其仍无正当理由拒不支付,医院便可以向民事执行司申请,民事执行司依据医院出具的医疗收费证明就可以强制执行,而     

Methodology for the analysis of civil commitment detention times and costs

The authors expand their methodology for quantifying and comparing civil commitment processes by developing new formulas for the determination of the average commitment detention time and cost. They also examine the effects of specific changes in commitment procedures on the average detention time and cost. Using data from Oregon's civil commitment process, the authors present several examples of the practical application of their methodology and conclude with a discussion of its major administrative and research implications.     

The role of prior punishment in preventive detention decisions

ABSTRACT

Preventive detention legislation allows for ongoing detention or supervision following completion of an offender’s sentence. Consideration of public protection should drive the administration of preventive detention, however research has indicated retributive concerns also drive decision making. Two studies were conducted to examine the motives driving preventive detention decisions, and how contextual variables affected the balance between retributive and public protection motives. In Study 1, participants were presented with information about an offender’s remorse, prior punishment, and risk of re-offence. In Study 2, participants were presented with information about an offender’s prior punishment and offence type, and the relative strength of various potential mediators was tested, to determine factors driving effects of prior punishment information. Overall, results demonstrated participants were driven by both retributive and public protection motives, as well as personal characteristics (e.g. political orientation, prejudice against offenders) when making preventive detention decisions. Findings are discussed in terms of their implications for preventive detention legislation.