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Imposition of Conditions in Bail Decisions: From Summary Punishment to Better Behaviour on Remand

NCJ Number
164091
Journal
Howard Journal of Criminal Justice Volume: 35 Issue: 3 Dated: (August 1996) Pages: 256-270
Author(s)
J W Raine; M J Willson
Date Published
1996
Length
15 pages
Annotation
An analysis of bail decisions and interviews with magistrates, police, probation officers, prosecutors, defense attorneys, and 87 defendants in five court areas in Great Britain focused on the processes, decisions, perceptions, and impacts of the imposition of bail conditions.
Abstract
Results revealed that attaching conditions to bail is effective. Thirty percent of the defendants interviewed reported that conditions helped keep them out of trouble. Another 14 percent reported that conditions had done so initially, before they realized that little enforcement existed. Findings also suggested that the effectiveness of bail conditions might be enhanced through more systematic matching of condition to defendant and offense and that a strategy of at least partial enforcement might increase the credibility of bail conditions. In addition, magistrates' training programs should place greater attention to the issue of bail with conditions to assist decisionmakers in being clear about the basis and reasons for attaching conditions and ensuring a match between the conditions and the offender. Magistrates also need more information on the enforceability of different conditions and the enforcement strategies used in their areas, and enforcement needs to be given much greater priority. Figures, table, and 22 references (Author abstract modified)

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