NCJ Number
57625
Journal
Criminal Justice Review Volume: 3 Issue: 1 Dated: (SPRING 1978) Pages: 9-16
Date Published
1978
Length
8 pages
Annotation
A PROFESSOR OF CRIMINAL JUSTICE GIVES REASONS WHY THE BAIL BOND SYSTEM SHOULD NOT BE REFORMED BASED ON THREE CATEGORIES OF FACTORS: (1) BUREAUCRACY ISSUES, (2) COST EFFECTIVENESS ISSUES, AND (3) JUSTICE ISSUES.
Abstract
GOVERNMENT SHOULD NOT DESTROY THE BAIL BOND INDUSTRY WITHOUT STUDYING THE IMPACT OF DISRUPTING A SECTOR OF PRIVATE INDUSTRY AND BEFORE MAKING SURE IT CAN TAKE OVER THE TASK PERFORMED BY THE INDUSTRY. A PERSONAL RECOGNIZANCE SYSTEM WILL SHIFT THE BURDEN OF COST FROM THE ARRESTEE TO THE STATE AND WILL RESULT IN HIGHER COST PER ARRESTEE. TOTAL COST FOR SUCH A SYSTEM ALSO WILL BE HIGH BECAUSE HUNDREDS OF PERSONS WHO DO NOT NEED THE SERVICE WILL UTILIZE IT ONCE ESTABLISHED. FINALLY, THE HIGH COST OF PERSONAL RECOGNIZANCE SYSTEMS CANNOT BE JUSTIFIED ON THE BASIS OF SAVINGS ASSOCIATED WITH INCARCERATION BECAUSE MOST OF THESE COSTS CONTINUE EVEN WHEN JAIL POPULATIONS ARE REDUCED. IN FACT, PERSONAL RECOGNIZANCE SYSTEMS ACTUALLY INCREASE THE COST AND DIFFICULTY OF DEALING WITH ARRESTEES WHO FAIL TO APPEAR IN COURT BECAUSE IT IS MORE DIFFICULT TO TRACE THEM IF THEY FLEE. FURTHERMORE, PERSONAL RECOGNIZANCE SYSTEMS WILL GIVE MORE DEFENDANTS INCENTIVES TO ENGAGE IN COURT DELAYING TACTICS WHICH WOULD CREATE LARGE CASELOADS. THE PERSONAL RECOGNIZANCE SYSTEM ALSO WILL REMOVE AN INFORMAL MECHANSIM FOR PREVENTIVE DETENTION THAT MIGHT BE USED BY THE COURT. FINALLY, BAIL MONEY IS USEFUL; IT PROVIDES AN EXTRA MEASURE OF DETERRENCE BY ITS RESEMBLANCE TO A SUMPTUARY TAX AND COMPENSATES THE GOVERNMENT FOR SOCIAL COSTS INCURRED WHEN IT FAILS TO ACHIEVE THIS PURPOSE. REFERENCES ARE INCLUDED. (STB)