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NCJ Number: 66609 Find in a Library
Title: PHILADELPHIA (PA) REVISITED - AN EXAMINATION OF BAIL AND DETENTION TWO DECADES AFTER FOOTE
Journal: CRIME AND DELINQUENCY  Volume:26  Issue:2  Dated:(APRIL 1980)  Pages:179-192
Author(s): J S GOLDKAMP
Corporate Author: National Council on Crime and Delinquency
United States of America
Date Published: 1980
Page Count: 14
Sponsoring Agency: National Council on Crime and Delinquency
Newark, NJ 07102
Format: Article
Language: English
Country: United States of America
Annotation: FINDINGS OF A 1954 STUDY OF BAIL IN PHILADELPHIA BY CALEB FOOTE ARE CONTRASTED WITH FINDINGS FROM A 1977 STUDY IN THE SAME CITY TO GAUGE THE PROCESS OF BAIL REFORM OVER 2 DECADES.
Abstract: FOOTE'S BAIL STUDY DOCUMENTED INEQUITIES, RAISED QUESTIONS CONCERNING THE CONSTITUTIONALITY OF BAIL AND DETENTION PRACTICES, AND SERVED AS A MAJOR CATALYST FOR BAIL REFORM. YEARS LATER, PHILADELPHIA CAME TO BE VIEWED AS A MODEL OF BAIL REFORM AND EXEMPLARY PRETRIAL SERVICES. ISSUES RAISED BY FOOTE INCLUDED THE UNSTRUCTURED EXERCISE OF DISCRETION IN BAIL MATTERS, PROCEDURAL IMPEDIMENTS TO FAIR ADMINISTRATION OF BAIL, THE PRESUMPTION OF GUILT AND PRETRIAL PUNISHMENT, INEQUITABLE TREATMENT OF DEFENDANTS AT BAIL, AND EFFECTIVENESS OF BAIL PRACTICES. FOOTE RECOMMENDED MAKING FAILURE TO APPEAR IN COURT A CRIMINAL OFFENSE, DECREASING USE OF CASH BAIL, REDUCING BAIL AMOUNTS, USING PROMPT TRIAL RATHER THAN THE PREVENTIVE DETENTION USE OF BAIL DECISIONMAKING. THE REFORMED PHILADELPHIA SYSTEM INCLUDES CENTRALLY ORGANIZED BAIL AND PRETRIAL RELEASE FUNCTIONS, INDIVIDUALIZED BAIL DECISIONMAKING, AND THE DISAPPEARANCE OF THE BONDSMAN. ANALYSIS OF THE NEW SYSTEM IN RELATION TO FOOTE'S ISSUES SHOWS THAT THE ONLY ISSUE THE REFORMS HAVE COMPLETELY RESOLVED IS THE ISSUE OF PROCEDURAL COMPLICATIONS RESULTING IN DELAY OR DENIAL OF BAIL. ALTHOUGH PHILADELPHIA SERVES AS A SYMBOL OF ENLIGHTENED CRIMINAL JUSTICE REFORM IN THE PRETRIAL AREA, ISSUES RELATED TO DISCRETION IN BAIL DECISIONS, ECONOMIC BIAS, AND DISPARITY OF DECISIONS REMAIN. MOREOVER, THE EFFECT OF DETENTION ON FINAL OUTCOMES OF DEFENDANTS' CASES MAY BE NEGATIVE AND SHOULD BE FURTHER INVESTIGATED. FOOTNOTES WHICH INCLUDE REFERENCES ARE INCLUDED. (CFW)
Index Term(s): Bail discrimination; Bail reform; Bail/Financial Release; Comparative analysis; Pennsylvania
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66609

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