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DETERMINING AN OPTIMUM PERCENTAGE OF DEFENDANTS TO RELEASE BEFORE TRIAL - APPLYING INVENTORY MODELING CONCEPTS TO LEGAL POLICY PROBLEMS

NCJ Number
47737
Journal
Journal of Criminal Justice Volume: 6 Issue: 1 Dated: (SPRING 1978) Pages: 25-33
Author(s)
S NAGEL; M NEEF; P WICE
Date Published
1978
Length
9 pages
Annotation
COST AND OTHER DATA OBTAINED FROM JUDGES, PROSECUTORS, DEFENSE ATTORNEYS, AND BAIL PROJECT DIRECTORS IN 23 CITIES ARE USED TO DETERMINE THE OPTIMUM PROPORTION OF DEFENDANTS TO RELEASE BEFORE TRIAL.
Abstract
A BASIC MODEL THAT INCORPORATES VARIOUS HOLDING COSTS, RELEASING COSTS, AND PERCENTAGES OF DEFENDANTS HELD IS DEVELOPED. SMOOTH CURVES ARE FITTED TO DATA POINTS IN ORDER TO DETERMINE AT WHAT PERCENTAGE OF DEFENDANTS HELD THE TOTAL COST CURVE BOTTOMS OUT. THE AVERAGE OPTIMUM PERCENTAGE OF DEFENDANTS HELD IS 4 PERCENT (COMPARED TO THE 27 PERCENT ACTUALLY HELD). THE EFFECTS OF VARYING THE COSTS AND THE CITIES, THE CAUSAL IMPLICATIONS OF THE SUBSTANTIAL DIFFERENCE BETWEEN THE OPTIMUM PERCENTAGE AND THE ACTUAL PERCENTAGE, AND THE IMPLICATIONS OF USING THE ANALYSIS AS AN AID IN DETERMINING PRETRIAL RELEASE POLICIES AND IN REDUCING TOTAL COSTS ARE SHOWN. WAYS ARE INDICATED IN WHICH THE MODEL CAN BE EXPANDED TO GAIN INSIGHTS INTO THE OPTIMUM LEVELS OF VARIOUS KINDS OF LAW ENFORCEMENT ACTIVITIES AND VARIOUS KINDS OF DUE PROCESS ACTIVITIES, INCLUDING PROVIDING FREE COUNSEL TO DEFENDANTS, EXCLUDING ILLEGALLY OBTAINED EVIDENCE, AND PROVIDING JURY TRIALS. A GRAPH, EQUATIONS, AND A LIST OF REFERENCES ARE PROVIDED. (AUTHOR'S ABSTRACT MODIFIED -- LKM)