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NCJ Number: 115659 Find in a Library
Title: Pretrial Release: A Critique of the Study
Journal: Research in Corrections  Volume:1  Issue:3  Dated:(October 1988)  Pages:52-57
Author(s): M Schumacher
Date Published: 1988
Page Count: 6
Sponsoring Agency: National Institute of Justice/
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Document: PDF
Type: Issue Overview
Language: English
Country: United States of America
Annotation: This article critiques Steven H. Clarke's (1988) examination of pretrial release (PTR) concepts, research, and reform strategies.
Abstract: It is suggested that Clarke tried to cover too broad a spectrum of issues and research, and that his assessment, therefore, lacks focus. In addition, his assessment contains several built-in assumptions and biases. These are that (1) PTR needs improvement and expansion, (2) PTR decisions are too conservative and biased, and (3) most arrestees could be released without bail and would still appear in court as directed. Much of the research cited is contradictory and is difficult to use in justifying policy decisions about releases. For example, Clarke discusses the predictability of a defendant's release and the failure of researchers to find characteristics that distinguish defendants who will or will not appear in court or who will or will not be rearrested during PTR. While Clark presents some good advice for assessing the PTR agency's effectiveness and determining local failure rates, his recommendations for reform have not been empirically demonstrated to increase the opportunities for PTR while decreasing its risks.
Main Term(s): Pretrial release
Index Term(s): Bail reform
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