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National Symposium on Pretrial Services 1978 - Point Systems v Subjective Determinations

NCJ Number
81931
Author(s)
J Travis; G Corneveaux; H Cunningham; M Jamison
Date Published
Unknown
Length
0 pages
Annotation
The advantages and disadvantages of point systems and subjective determinations in bail decisions are highlighted by constrasting the point system employed by the Criminal Justice Agency in New York City to the subjective system in Tucson, Ariz.
Abstract
In the New York point system, based on the Vera Point Scale, strong family structure and community ties were crucial factors in points allocation for bail candidates. A statement now appears on all assessment forms informing the judge that not all relevant factors have been considered. The assessment does not recommend release but evaluates the probability of a defendant's return. In contrast, Tucson's system recommends release according to statutory mandates and based on personal interviews with felons. The assessment is based on subjective factors and contains remarks to the judge explaining specific reasons for the recommendation and method by which the conclusions were reached. This subjective system permits justification of decisions and individualization of recommendations. A point system may fail to consider factors pretrial programs must take into account in order to function effectively, such as resource and funding, statutes, and physical limitations, and may sacrifice equity for consistency. However, a subjective system without adequate supervisory review can lead to controlled subjectivity in recommendations. Each agency must gear its system to its own particular set of problems and circumstances. Question-and-answer sessions follow the presentation. The speakers include presentations of the New York City and Tucson systems.

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