NCJ Number
25288
Journal
Criminal Justice Quarterly Volume: 1 Issue: 2 Dated: (SPRING 1973) Pages: 66-79
Date Published
1973
Length
14 pages
Annotation
AN OUTLINE OF THE EXISTING LAW IN NEW JERSEY REGARDING PRETRIAL RELEASE ON BAIL, WITH AN EXAMINATION OF POTENTIAL AREAS WHERE PRETRIAL BAIL MIGHT CONSTITUTIONALLY BE DENIED.
Abstract
CURRENT BAIL PRACTICES ARE FIRST REVIEWED, WITH EMPHASIS ON THE HOLDINGS OF THE 1972 NEW JERSEY SUPREME COURT DECISION IN STATE V. JOHNSON. IN NEW JERSEY, PRIOR TO THE ABOLITION OF THE DEATH PENALTY, PRETRIAL BAIL WAS NOT AVAILABLE TO THOSE ACCUSED OF CAPITAL OFFENSES WHERE PROOF WAS EVIDENT AND PRESUMPTION GREAT THAT THE DEFENDANT COMMITTED THE CRIME. STATE V. JOHNSON HELD THAT OFFENSES PREVIOUSLY PUNISHABLE BY DEATH ARE NOW BAILABLE AS OF RIGHT UNDER THE CONSTITUTION. THIS DECISION ALSO RECOGNIZED THE VALIDITY OF THE IMPOSITION OF CONDITIONS FOR PRETRIAL RELEASE. THUS, ALL OFFENSES IN NEW JERSEY ARE BAILABLE AS OF RIGHT, ALTHOUGH PRETRIAL CONDITIONS MAY BE IMPOSED. NEXT CONSIDERED IS THE ISSUE OF WHETHER BAIL MAY BE DENIED TO INDIVIDUALS ACCUSED OF COMMITTING NON-CAPITAL OFFENSES IN A LIMITED NUMBER OF SITUATIONS. IT IS STATED THAT BAIL MAY BE DENIED IF THE COURT IS CONVINCED THAT THE DEFENDANT WILL FLEE PRIOR TO TRIAL. IT IS ARGUED THAT CONSIDERATION SHOULD ALSO BE GIVEN TO WHETHER A TRIAL COURT MAY CONSTITUTIONALLY DENY RELEASE ON BAIL IN THE FOLLOWING SITUATIONS: 1) WHERE THE OFFENDER MANIFESTS OBJECTIVE PHYSICAL OR PSYCHOLOGICAL SYMPTOMS INDICATING THAT HIS RELEASE WOULD ENDANGER HIMSELF OR THE COMMUNITY, AND 2) WHERE PRETRIAL RELEASE WOULD CONSTITUTE A SERIOUS THREAT TO THE INTEGRITY OF THE JUDICIAL PROCEEDINGS. RELEVANT DECISIONS OF OTHER STATE COURTS AND THE U.S. COURT OF APPEALS ARE REVIEWED. (AUTHOR ABSTRACT MODIFIED)