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NCJ Number: NCJ 240451     Find in a Library
Title: New York City's Bail System-A World Apart
Author(s): Mary T. Phillips, Ph.D.
Corporate Author: New York City Criminal Justice Agency, Inc
United States of America
Date Published: 09/2012
Page Count: 7
  Annotation: Given that New York State and New York City surpass may U.S. jurisdictions in complying with the recommendations of the 2011 National Symposium on Pretrial Justice for pretrial release decisions, this Brief reviews some differences between New York City’s pretrial justice system and the rest of the country; and it reviews the National Symposium recommendations, noting the changes required to bring New York City into full compliance.
Abstract: New York City relies less on financial conditions and releases a higher proportion of felony defendants than any other jurisdiction in the country, without increasing the failure of defendants to attend their court proceedings. The review of the National Symposium on Pretrial Justice’s recommendations, as well as a review of other States’ practices, suggests several areas for reform that could further reduce New York City’s use of pretrial detention. One area for reform would be to increase the use of non-financial forms of release, such as unsecured bonds. Another area for reform is the expansion of supervised release programs for defendants who otherwise would be detained on low bail. Nationally, 12 percent of felony releases involve supervisory conditions. This form of release is available for only a few defendants in New York City. A third area of reform pertains to legislation. If New York State were to allow the courts to take public safety into account in considering release, an empirically based recommendation system that predicts risk of rearrest could be developed. Based on this information, courts could make better release decisions, possibly reducing re-arrest rates. The courts would also have an empirical basis for an option other than high bail for detaining dangerous criminals, who could no longer buy their pretrial freedom. The brief concludes with recommendations from the National Symposium on Pretrial Justice. 5 figures
Main Term(s): Municipal courts
Index Term(s): Bail/Financial Release ; Release on recognizance ; Supervised release ; Pretrial release ; Comparative analysis ; Bail reform ; Court research ; New York
Sale Source: New York City Criminal Justice Agency, Inc
52 Duane Street, 3rd Floor
New York, NY 10007
United States of America
Publisher URL: 
Type: Report (Study/Research)
Country: United States of America
Language: English
Note: This CJA Research Brief, No. 30, September 2012 is adapted from "A Decade of Bail Research in New York City" (2012).
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