NCJ Number
7479
Journal
Criminal Law Bulletin Volume: 8 Issue: 6 Dated: (JULY/AUGUST 1972) Pages: 459-506
Date Published
1972
Length
48 pages
Annotation
STUDY OF 857 NEW YORK LEGAL AID CLIENTS SHOWS THAT THE FINAL OUTCOME OF A CRIMINAL CASE IS GREATLY AFFECTED BY WHETHER THE DEFENDANT IS RELEASED BEFORE TRIAL.
Abstract
THE STUDY SHOWS IN ESSENCE THE FOLLOWING - THOSE PEOPLE WHO MUST WAIT IN JAIL FOR THE DISPOSITION OF THE CRIMINAL CHARGES AGAINST THEM BECAUSE THEY DO NOT HAVE ENOUGH MONEY TO PURCHASE THEIR FREEDOM ARE FAR MORE OFTEN CONVICTED, FAR MORE OFTEN GIVEN A PRISON TERM, AND FAR MORE OFTEN GIVEN A LONG PRISON TERM THAN THOSE PEOPLE WHO OBTAIN THEIR RELEASE DURING THIS TIME. THIS DISPARITY IN TREATMENT BETWEEN THOSE DETAINED AND THOSE RELEASED IS NOT ACCOUNTED FOR BY ANY FACTOR RELATED TO THE MERITS OF THE CASES, SUCH AS THE SERIOUSNESS AND NATURE OF THE CHARGES, THE WEIGHT OF THE EVIDENCE AND THE PRESENCE OR ABSENCE OF AGGRAVATED CIRCUMSTANCES, PRIOR CRIMINAL RECORD, FAMILY AND COMMUNITY TIES, OR THE AMOUNT OF BAIL. FOR EXAMPLE, A FIRST OFFENDER WHO IS DETAINED IN LIEU OF BAIL IS MORE THAN THREE TIMES AS LIKELY TO BE CONVICTED AND ALMOST TWICE AS LIKELY TO GET A PRISON SENTENCE AS A RECIDIVIST WITH MORE THAN TEN PRIOR ARRESTS WHO IS RELEASED. THE DIFFERENCES IN OUTCOME BETWEEN THE TWO GROUPS OF PEOPLE, THE DETAINED AND THE RELEASED, ARE ACCOUNTED FOR ONLY BY THE FACT OF PRETRIAL DETENTION ITSELF.