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PRETRIAL RELEASE AND MISCONDUCT IN THE DISTRICT OF COLUMBIA

NCJ Number
53669
Author(s)
J A ROTH; P B WICE
Date Published
1978
Length
208 pages
Annotation
THE UNIQUE PRETRIAL RELEASE SYSTEM IN WASHINGTON, D.C., IS DESCRIBED IN STATISTICAL DETAIL AS IT OPERATED IN 1974.
Abstract
IN 1966, BAIL REFORM LAWS DICTATED RELEASE OF DEFENDANTS ON PERSONAL RECOGNIZANCE UNLESS FINANCIAL OR OTHER REQUIREMENTS WERE THOUGHT NECESSARY TO GUARANTEE A DEFENDANT'S APPEARANCE FOR TRIAL. TO ASSIST JUDGES IN MAKING PRETRIAL RELEASE DECISIONS, THE D.C. BAIL AGENCY WAS ESTABLISHED. IN 1970, CONCERN ABOUT CRIME BY DEFENDANTS ON PRETRIAL RELEASE LED CONGRESS TO PASS A PREVENTIVE DETENTION PROVISION (WHICH HAS BEEN USED TOO RARELY TO ENABLE ASSESSMENT OF ITS IMPACT). THE RATE OF RELEASE ON RECOGNIZANCE HAS RISEN TO MORE THAN TWICE THE NATIONAL AVERAGE--THE HIGHEST RATE AMONG MAJOR CITIES. A STATISTICAL ANALYSIS OF THE SYSTEM WAS CONDUCTED THROUGH A MULTIVARIATE ANALYSIS OF DATA FROM THE 1974 PROSECUTOR'S MANAGEMENT INFORMATION SYSTEM (PROMIS). THE STUDY DESCRIBED THE CHARACTERISTICS OF THOSE DEFENDANTS ARRESTED DURING 1974 FOR FELONIES AND SERIOUS MISDEMEANORS, THE PRETRIAL RELEASE CONDITIONS SET FOR THEM, THEIR ABILITY TO SATISFY FINANCIAL CONDITIONS, AND THE MAGNITUDE OF THE PROBLEMS OF NONAPPEARANCE AND PRETRIAL CRIME. THE TYPICAL OFFENDER WAS A MINORITY MALE UNDER AGE 26 WITH NEARLY A 50 PERCENT CHANCE OF BEING UNEMPLOYED. ALTHOUGH STATISTICS INDICATED THAT A SMALL NUMBER COMMITTED PRETRIAL CRIMES OR FAILED TO APPEAR, THEY DID NOT SHOW WHETHER THE GROUP REQUIRED TO MEET FINANCIAL CONDITIONS WAS ACTUALLY A HIGH-RISK GROUP. TO AUGMENT THE STATISTICAL DESCRIPTION, A MODEL OF BEHAVIOR OF THE ARRAIGNMENT JUDGE AND OF THE DEFENDANT WAS CONSTRUCTED. THE MODEL CONSISTED OF FOUR EQUATIONS THAT LINKED THE RELEASE CONDITIONS IMPOSED, THE DEFENDANT'S ABILITY TO SATISFY THE CONDITIONS, AND THE INCIDENCE OF PRETRIAL CRIME AND FAILURE TO APPEAR TO A SET OF EXPLANATORY VARIABLES INCLUDING THE CURRENT CRIME, THE LIKELIHOOD OF CONVICTION, THE DEFENDANT'S HISTORY OF PREVIOUS ARRESTS AND FAILURES TO APPEAR, AND TIES TO THE COMMUNITY. THE QUESTIONS OF WHICH RELEASED DEFENDANTS PRESENT A HIGH RISK OF PRETRIAL CRIME OR NONAPPEARANCE AND WHETHER THE HIGH-RISK GROUP IS INCLUDED IN THE SUBSET OF DEFENDANTS RECEIVING FINANCIAL RELEASE CONDITIONS WERE INVESTIGATED. RESULTS REFLECT DIFFICULTY IN PREDICTING FAILURE TO APPEAR, BUT BETTER DISCRIMINATORY POWER WITH RESPECT TO REARREST IS INDICATED. TABLES, GRAPHS, AND FOOTNOTES ARE PROVIDED, ALONG WITH A STATISTICAL MODEL OF PRETRIAL RELEASE AND MISCONDUCT. (MHP)