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2012
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Bail Fail: Why the U.S. Should End the Practice of Using Money for Bail
By Neal, Melissa.
Justice Policy Institute (Washington, DC).
Reasons for eliminating the ubiquitous use of bail as the primary instrument for pretrial release in the United States are explained. This report is divided into six parts: introduction; background and context—the general pretrial process; the use of money bail; money bail’s effects on the judicial process; effective alternatives to money bail; and recommendations. “There is no reason to continue the practice of requiring money in order to be released while waiting for a case to be resolved … Co... Read More
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56 pages
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2012
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For Better or For Profit: How the Bail Bonding Industry Stands in the Way of Fair and Effective Pretrial Justice
Justice Policy Institute (Washington, DC).
The need for the U.S. to put an end to for-profit bail bonding while increasing pretrial services is examined. This report is divided into nine parts: introduction; history and context; how bail bonding works; for-profit bail bondsmen are not criminal justice professionals; political influence keeps bail bondsmen in business; by its very nation, for-profit bail is ripe for corruption and abuse; alternatives to for-profit bail bonding exist and effective; and recommendations. 'There are proven al... Read More
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57 pages
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2012
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Advances in Juvenile Justice Reform: 2009-2011
John D. and Catherine T. MacArthur Foundation. Models for Change (Chicago, IL).
National Juvenile Justice Network (NJJN) (Washington, DC).
This 'document includes a wide array of youth justice reforms from across the country: significant new laws, administrative rule and practice changes, positive court decisions, and promising commissions and studies'. Reforms are organized according to these issue areas: Adjudication and Sentencing; Alternatives to Detention and Youth Prisons; Competency; Conditions of Confinement; Confidentiality and Expungement; Disproportionate Minority Contact (DMC); Facility Closures and Downsizing; Gangs; G... Read More
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66 pages
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2011
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National Symposium on Pretrial Justice
U.S. Dept. of Justice. Office of Justice Programs (Washington, DC); Pretrial Justice Institute (Washington, DC).
This website provides access to materials associated with the National Symposium on Pretrial Justice. “Conference participants examined how far the country has come and how far we have to go to achieve safe and fair pretrial release and diversion practices in our communities.” Points of entry include meeting materials, press kit, and the Symposium Report. Meeting materials from this conference are organized into the following areas: welcome and opening remarks; 1964 National Conference on Bail a... Read More
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2011
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Glossary of Terms and Phrases Relating to Bail and the Pretrial Release or Detention Decision
By Schnacke, Timothy R.; Jones, Michael R.; Brooker, Claire M.B..
Pretrial Justice Institute (PJI) (Washington, DC).
This “glossary of terms and phrases has been written to provide current definitions, in context, and with historical references as needed, to clarify a comprehensive set of common terms relating to bail and the pretrial release and detention decision” (p. 1).... Read More
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30 pages
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2010
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The Third Generation of Bail Reform
By Schnacke, Timothy R.; Brooker, Claire M.B.; Jones, Michael R..
The third generation of bail “aims primarily to reduce the deleterious effects of money at bail and to focus more on transparent and rational processes, such as assessment and supervision to address a particular defendant’s pretrial risk” (p. 1-2). This article discusses: individuals discomfort with bail and comfort with evidence-based change; demonstration of bail’s deficiencies by current research; the changing attitude of the public to crime and incarceration; strategies needed to reduce cost... Read More
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5 pages
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2010
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Responses to Claims about Money Bail for Criminal Justice Decision-Makers
Pretrial Justice Institute (PJI) (Washington, DC).
Twenty-three misperceptions about money bail are corrected. This publication can “be used to help these decision-makers respond to possible claims and/or questions, primarily about the use of money bail and commercial bail bondsmen, by bail bondsmen, the public, the media, and others in the justice system” (p. 3).... Read More
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45 pages
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2010
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The History of Bail and Pretrial Release
By Schnacke, Timothy R.; Jones, Michael R.; Brooker, Claire M.B..
Pretrial Justice Institute (PJI) (Washington, DC).
The “following history of bail suggests that as our ability to predict a defendant’s pretrial conduct becomes more accurate, our need for reforming how bail is administered will initially be great, and then should diminish over time” (p. 1.) Sections of this report are: introduction; Anglo-Saxon roots; the Norman Conquest to 1700; bail in the U.S.; the practical administration of bail in England and America; the rise of commercial money bail bondsman; Stack v. Boyle and Carlson V. Landon; empiri... Read More
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27 pages
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2010
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Making Bail in New York City
By Phillips, Mary T..
New York City Criminal Justice Agency, Inc. (New York, NY).
The role of commercial bonds in the process of posting bail is examined. Topics covered include: bail-making options; fees for making bail by cash vs. bond; prevalence of bonds in bail making; factors associated with posting a bond rather than cash; supplementary information about bonds; comparative costs; time to release; discussion; and policy implications. It takes longer to post a bond than to post cash.... Read More
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8 pages
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2009
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The Truth About Commercial Bail Bonding in America
National Association of Pretrial Services Agencies (NAPSA) (Washington, DC).
Information regarding commercial bail bonding in the United States is provided. Topics this brief covers include: campaign to increase profits from crime; a strategy of attacks on pretrial funding and operation to increase profits; not everyone can be bullied; “proof” of what works; the Broward County experience; it’s not over yet; who pays—the American taxpayers to the tune of $25 million a day; and “All Hands on Deck”—a call for “rational and safe pretrial release based upon risk assessment ra... Read More
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10 p.
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2009
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The Magistrates Early Referral into Treatment Program: Impact of Program Participation on Re-Offending by Defendants with a Drug Use Problem
By Lulham, Rohan.
New South Wales Bureau of Crime Statistics and Research (Sydney, NSW).
Anyone interested in developing and implementing a drug abuse diversion program should look over this study. This bulletin provides re-offending outcomes from the evaluation of the Magistrates Early Referral into Treatment (MERIT) program available to offenders at bail. “This evaluation provides strong support that participation in the MERIT program reduces defendants’ propensity to commit theft offenses and, for those who complete the program, substantially reduces their propensity to commit an... Read More
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20 p.
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2007
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Legal and Evidence Based Practices: Application of Legal Principles, Laws, and Research to the Field of Pretrial Services
By VanNostrand, Marie.
National Institute of Corrections. Community Corrections Division (Washington, DC).
Luminosity, Inc. (St. Petersburg, FL); Crime and Justice Institute (Boston, MA); National Institute of Corrections. Community Corrections Division (Washington, DC).
"[C]ritical legal principles applicable to defendants during the pretrial stage" are covered (p.3). Sections of this paper are: introduction and background; pretrial legal foundation -- presumption of innocence, right to counsel, right against self-incrimination, right to due process of law, right to equal protection under the law, right to bail that is not excessive, and summary of legal principles; evidence-based practices in pretrial services and community corrections; and summary and conclu... Read More
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33 p.
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