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POSTARREST RELEASE DECISIONS - AN EMPIRICAL EXAMINATION OF SOCIAL AND LEGAL CRITERIA

NCJ Number
46635
Journal
Journal of Research in Crime and Delinquency Volume: 15 Issue: 1 Dated: (JANUARY 1978) Pages: 35-53
Author(s)
C E POPE
Date Published
1978
Length
19 pages
Annotation
DATA ON 1,196 CALIFORNIA BURGLARY CASES ARE EXAMINED IN A STUDY OF THE INFLUENCE OF SOCIAL AND LEGAL FACTORS ON DECISIONS TO RELEASE BURGLARY ARRESTEES PRIOR TO TRIAL.
Abstract
THE DATA ARE FROM A CRIME-SPECIFIC BURGLARY PROGRAM SPONSORED TO MAY 1973. SIX LAW ENFORCEMENT AGENCIES WERE INVOLVED. THE ANALYSIS TAKES INTO ACCOUNT THE SIGNIFICANCE OF THE APPREHENDED OFFENDER'S AGE, RACE, AND SEX, THE NUMBER OF CRIME PARTNERS INVOLVED IN THE INCIDENT, THE DISTANCE FROM THE OFFENDER'S RESIDENCE TO THE BURGLARY VICTIM'S RESIDENCE, AND THE OFFENDER'S PREVIOUS CRIMINAL HISTORY. WHEN LEGAL FACTORS ARE DISREGARDED, AGE, SEX, AND ESPECIALLY RACE SUBSTANTIALLY INFLUENCE POLICE DECISIONS TO HOLD BURGLARY ARRESTEES PRIOR TO TRIAL. HOWEVER, WHEN LEGAL CRITERIA (PRIOR RECORD) ARE CONSIDERED, THESE FACTORS DO NOT INFLUENCE POSTARREST DECISIONS. BURGLARY ARRESTEES WITH PRIOR RECORDS ARE MORE LIKELY TO BE HELD THAN ARE ARRESTEES WITHOUT RECORDS. ARRESTEES WHO ARE UNDER SUPERVISION AT THE TIME OF THEIR ARREST ARE MORE LIKELY TO BE HELD THAN THOSE WHO ARE NOT. HOWEVER, A PRIOR RECORD FOR BURGLARY PER SE IS NOT AN IMPORTANT DETERMINANT OF THE HOLD/RELEASE DECISION. IMPLICATIONS OF THE FINDINGS ARE CONSIDERED. SUPPORTING DATA AND A LIST OF REFERENCES ARE INCLUDED. (LKM)

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