The Impact of Race on the Pretrial Decision

This study examined the effect of race on the pretrial release decision for drug offenders. Although this decision point has not been examined as extensively as the final sentencing decision, it is a critical discretion point which impacts defendants’ future sentencing outcomes. The results found that race had a significant impact on judges’ decisions to release a defendant on recognizance, with black defendants less likely to receive this release status. Race was not significant, however, in the decision of bail amount or in the likelihood to post bail. These results are consistent with the focal concerns perspective which suggests that black defendants are viewed by courts as more dangerous and blameworthy and thereby, less likely to be released on their own recognizance.     

From Bail to Jail: The Effect of Jail Capacity on Bail Decisions

One of the more important decisions made by judges in the criminal justice system is the bail decision. Factors that judges take into consideration when making a bail decision, such as seriousness of the offense, flight risk, and public safety, are typically seen by researchers as the primary determinants of such a decision. However, one aspect that researchers have not studied extensively—rated jail capacity – could play an important role in a judge’s decision. Overcrowding in jails leads to numerous problems, both for the offender and the system itself, so judges may be more willing to release offenders into the community during the pretrial period if the local jails are overcrowded. The current study examines the effect of rated jail capacity on decisions regarding bail amounts, release on recognizance (ROR), financial release, and conditional release in eight Florida counties. Results indicate that rated jail capacity plays a role in judges’ bail decisions, suggesting that judges are concerned about housing more pretrial offenders in crowded jails.     

Release on Recognizance: Substantive or Superficial Reform?

In the early 1960s, release on recognizance was hailed as a method through which inequities inherent in the system of monetary bail could be reduced. This goal was to be accomplished through the revision of the criteria on which pretrial release decisions were made; the defendant's ties to the local community and not his financial status were to be emphasized. Although the use of release on recognizance has become an accepted practice, these programs have escaped close examination. Using logit analysis, this article investigates the factors upon which release on recognizance was based in a western city. The findings suggest that decisions to release on recognizance were made more in accord with traditional criteria rather than those espoused by this reform movement.     

TOWARD A THEORY OF BAIL RISK

Criteria which are commonly employed in the assessment of the bail risk (failure to appear) are examined. based on samples of defendants released in Philadelphia, Delaware. and Delaware County, Pennsylvania. The original release on recognizance criteria offered by the Manhattan Bail Project is contrasted with a factor analytical model of bail risk produced through the present study. Counter to the original construct, community ties are reflected in two separate factors rather than one. Findings suggest a reassessment of the meaning of community ties with respect to bail risk. In contrast to the original interpretation, basedprincipally on length of time in a community and contacts with friends and relatives, successful performance of adult male roles in the community reflected by marriage and its associated responsibilities appears to be more important in assessing bail risk. The community ties factor, however, may be a byproduct of differential local community social structure and process.     

The percentage deposit bail system: An alternative to the professional bondsman

Bail bondsmen in the United States help defendants gain pretrial release. The preminums paid to bondsmen are not returned to the defendants. A percentage deposit bail project in two Massachusetts courts allowed defendants to gain their release by depositing 5% of the amount of bail with the court. These deposits were returned in full to the defendants upon completion of their cases, saving them large sums of money. Moreover, the rate at which defendants failed to appear in court as scheduled was no higher under this percentage deposit system than under the traditional bail bondsman system.     

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.     

Distinguishing Race Effects on Pre-Trial Release and Sentencing Decisions

Racial disparities in court dispositions and sentences might reflect systemic biases toward minorities, but they might also stem from race group differences in legal or other extra-legal factors linked to a defendant’s risk for future criminality. Analyses of over 5,000 felony defendants from an urban Ohio jurisdiction revealed that significant main effects of a defendant’s race on release on one’s own recognizance (ROR), bond amounts, and prison sentences were rendered nonsignificant when controlling for legal factors, such as offense severity. Analyses of interaction effects, on the other hand, revealed that African American males age 18–29 experienced lower odds of ROR, higher bond amounts, and higher odds of incarceration in prison relative to other demographic subgroups, even with the inclusion of rigorous controls for legally relevant criteria. The relevance of these findings for understanding disparate treatment at different stages of case processing is discussed.     

Forms of Bail in Common Law Systems

Although the system of commercial bail bonding which prevails in most jurisdictions in the United States has been condemned by scholars for over fifty years, little awareness exists in this country about the alternative forms of pre-trial release practiced in the other common law countries. Nevertheless, these countries share a common origin of their bail systems in that found in England in the Seventeenth and Eighteenth Centuries. This common root renders their respective practices mutual alternatives to each other.

Only one of these countries has followed the American example of a commercialized system. The systems employed by the other countries can be classified into one of four types depending on the principal means used to secure the appearance of the accused in court. Each type is examined through a study of a jurisdiction providing a typical example of the type. The recognizance based systems are represented by India. The criminalization systems are typified by the English example. The state of New South Wales in Australia exemplifies the non-financially based systems. Finally, the Union of South Africa provides an illustration of the non-commercial cash deposit alternative. Reference is made to other countries sharing each type where possible.     

论治安管理处罚上的担保人与保证金制度

与其它行政处罚不同,立法没有为行政拘留设置听证程序,而是设计了担保人和保证金制度。由于缺乏对保证人责任追究措施的明确规定,加上拘留所为了追求非法经济利益,以及警察法治观念等方面的原因,这些规定并没有发挥预期作用。《治安管理处罚法》和其它新规定做了改进,强化了担保人责任,提高了保证金额度。为真正解决实际问题,建议还应该建立罚款与拘留期之间的转换制度。     

The effect of race and gender on bail outcomes: A test of an interactive model

This paper responds to suggestions that researchers interested in the relationship between defendant race, defendant gender, and criminal justice outcomes broaden their focus to include pretrial decision making. We used data on defendants charged with violent felonies in Detroit Recorder’s Court to analyze the effect of race and gender on the amount of bail imposed by the judge and on the defendant’s pretrial status. We found that judges take gender, but not race, into account in determining the amount of bail for certain types of cases; more specifically, Black females faced lower bail than Black males in less serious cases. In contrast, we found that both race and gender affected the likelihood of pretrial release. White defendants were more likely than black defendants to be released pending trial and females were more likely than males to be released prior to trial. In fact, white females, white males, and black females all were more likely than black males to be released. An earlier version of this mansucript was presented at the annual meeting of the American Society of Criminology, Phoenix, AZ, October, 1993.     

Bail and Pretrial Release Decisions

Abstract

The racial threat perspective is tested using data from empirical studies of bail and pretrial release. Of the thirty empirical studies investigating race and bail/pretrial release, eighteen identified specific cities and counties, thereby permitting an examination of the effect of racial composition on the race and bail/pretrial release nexus. Results suggest a possible modification of the racial threat perspective as typically conceptualized. Other factors affecting this relationship are briefly discussed.     

Low Self‐Control and Contact with the Criminal Justice System in a Nationally Representative Sample of Males

Prior research on law enforcement and court system actions suggests that offender demeanor influences practitioner decision making. However, few studies have examined a key implication of this body of work—namely, criminogenic factors associated not only with offending but also with demeanor may result in a greater likelihood of contact with and formal processing by law enforcement and the courts. Using data from the National Longitudinal Study of Adolescent Health, we test the hypothesis that low self‐control, which is associated with a range of characteristics that might influence practitioner perceptions of individual offenders’ demeanors, will predict greater contact and formal processing. Briefly, we found that low self‐control was consistently related to criminal justice system involvement as measured by police contacts, arrests, age at first police contact, and arrest onset. The implications of the findings for theory and research are discussed.     

Detained: A Study of Immigration Bond Hearings

Immigration judges make consequential decisions that fundamentally affect the basic life chances of thousands of noncitizens and their family members every year. Yet, we know very little about how immigration judges make their decisions, including decisions about whether to release or detain noncitizens pending the completion of their immigration cases. Using original data on long‐term immigrant detainees, I examine for the first time judicial decision making in immigration bond hearings. I find that there are extremely wide variations in the average bond grant rates and bond amount decisions among judges in the study sample. What are the determinants of these bond decisions? My analysis shows that the odds of being granted bond are more than 3.5 times higher for detainees represented by attorneys than those who appeared pro se, net of other relevant factors. My analysis also shows that the detainees' prior criminal history is the only significant legally relevant factor in both the grant/deny and bond amount decisions, net of other relevant factors. This finding points to the need for further research on whether and how immigration courts might be exercising crime control through administrative proceedings.     

The development of the penal bond with conditional defeasance

The development of the penal bond with endorsed conditional defeasance presents a problem because the earliest monetary penalties in English contracts took the form of straight-forward penalty clauses. It is hard to see how the convoluted penal bond developed from such penalty clauses. This article traces the development of the penal bond from debt recognizances defeasible by the performance of conditions stated in a separate document. The logic of the defeasible recognizance was carried over to other arrangements including the penal bond with endorsed conditional defeasance.     

RACIAL AND ETHNIC DIFFERENCES IN PRETRIAL RELEASE DECISIONS AND OUTCOMES: A COMPARISON OF HISPANIC,BLACK, AND WHITE FELONY ARRESTEES*

The present study uses data on the processing of felony defendants in large urban courts to examine Hispanic, black, and white differences at the pretrial release stage. The major finding is that Hispanic defendants are more likely to be detained than white and black defendants. And, racial/ethnic differences are most pronounced in drug cases. In fact, Hispanic defendants suffer a triple burden at the pretrial release stage as they are the group most likely to be required to pay bail to gain release, the group that receives the highest bail amounts, and the group least able to pay bail. These findings are consistent with a focal concerns perspective of criminal case processing that suggests Hispanics as a newly immigrated group are especially prone to harsher treatment in the criminal case process.     

CRIMINALITY, PROSECUTORIAL SCREENING, AND UNCERTAINTY: TOWARD A THEORY OF DISCRETIONARY DECISION MAKING IN FELONY CASE PROCESSINGS

This research contributes to a further understanding of the process of criminalization by examining case information that affects prosecuting attorneys' decision to continue felony prosecution following grand jury indictment. It is suggested that prosecuting attorneys, like other decision makers in organizations engaged in people-processing activities, are confronted with uncertainty emerging from an inability to unilaterally exercise control over all actors involved in the transformation process. By relying on a self-imposed decision criteria of prosecutorial merit defined as the likelihood of obtaining a jury trial conviction, prosecutors attempt to impose a "bounded rationality" on the exercise of discretion in screening decision making. This rationality is one that is sensitive to concerns for effective management of victims and witnesses. It is argued that information relevant to victim/witness credibility and/or cooperation in prosecution is brought to bear in deciding prosecutorial strategies of case processing. Therefore, it is hypothesized that, controlling for legal and extralegal variables, case information that decreases uncertainty concerning victim/witness management will increase the probability of continued prosecution. Support is found for this uncertainty avoidance thesis. In addition, the data indicate that prosecuting attorneys are less likely to continue prosecution of cases involving female defendants and are more likely to continue prosecution of defendants whose bail outcome includes financial conditions for release.     

Identifying variation in police officer behavior between juveniles and adults

This research explores the basis of officer decision making during encounters with juvenile suspects, and compares these encounters to those between police and adults. Specifically, two types of officer behavior are examined: the decision to arrest, and the exercise of authority. Officer behavior during encounters with juvenile suspects is compared and contrasted to encounters with adult suspects. Results from multivariate analyses find juveniles are significantly more likely to be arrested than adults; however, officers do not exercise different levels of authority during interactions with juvenile suspects. Results also indicate that the factors shaping officer behavior varies across age of suspect, namely, the community context and officer's race offer significantly different influences on juveniles than on adults. Other factors also influence officer discretion differently depending on the age of the suspect, most noteworthy being disrespectful demeanor. The results indicate that police officer behavior during encounters with juvenile suspects is very different than during encounters with adults.     

Official standards versus actual criteria in bond dispositions

The setting of bond in a first appearance court in one southeastern judicial district was examined to determine its relationship with official standards based on the recommendations of the American Bar Association advisory committee on standards for criminal justice and the National Advisory Commission on Criminal Justice Standards and Goals. Eighteen measures of five different recommended standards were considered. Only seriousness of charge showed apparent strength in its relationship with bond. The authors suggest a “facility hypothesis” (that court officials gravitated toward factors such as seriousness of charge) that may be readily processed and understood within constraints of time and organization. As added support for this hypothesis, defendants' demeanor in court is also shown to be significantly related to bond in the present study. These legal and personal criteria may be more identified as indicators of defendants' culpability than many other considerations recommended by the study commissions. Use of other official recommendations may require changes in the concepts of defendants held by court personnel or drastic changes in the organization of first appearance in court.     

A comparison of bail amounts for hispanics, whites, and african americans: A single county analysis

Using 1996 data on defendants accused of felony offenses derived from a district court in a Midwestern jurisdiction, the authors employ bivariate and multivariate analyses to examine for significant differences between Hispanics and other racial and ethnic groups in the dependent variable, bail amount set by judge. To predict differences in the bail amount set by judges for Hispanic and other defendants, the multiple regression controls for two independent “legal” variables, prior arrest and seriousness of the instant offense, and for the “extra-legal” variables of age, gender, type of attorney, residency, and race. Our research shows that Hispanics receive higher bail amounts than White or African Americans; leading the authors to cast doubt on the tenets of “legal theory” which has gained attention as a model for explaining why members of racial or ethnic minorities receive harsher treatment at various stages of the criminal and juvenile justice system.     

Russia Tomorrow

A well-known banker uttered a paradoxical thought: not only did we believe that Russia was somehow unique, a country with the potential for a wondrous transformation not governed by general economic laws, but we were evidently able to convince our Western partners of the same point. For this reason, in 1996 and 1997 they invested large sums of money in the Russian economy—approximately $20 billion in short-term treasury bonds (GKOs) and federal loan bonds (OFZs) alone. They also invested in Eurobonds, as well as pouring money into the stock exchange and bond market. Altogether these sums total $25-26 billion. Direct capital investments were also made.