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New from NIC: Money as a Criminal Justice Stakeholder
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The National Institute of Corrections (NIC) has partnered with Tim Schnacke from MoneyasStakeholderthe Center for Legal and Evidence-Based Practices to produce a new publication titled, Money as a Criminal Justice Stakeholder: The Judge’s Decision to Release or Detain a Defendant Pretrial, part of a series of papers dealing with acute criminal pretrial issues. This paper provides an in-depth discussion of arguably the most important part of the criminal pretrial process – the judge’s release or detain decision – and how America’s overuse of secured money at bail tends to hinder or derail that decision, leading to our current crisis of both unintended detention and release.

The paper discusses the proper decision-making process in light of the history of bail and the law intertwined with that history, holds up the current process to the national pretrial best-practice standards, and shows how recent empirical pretrial research can be used by judges to make definitive “in-or-out” decisions, immediately effectuated and resulting in high court appearance and public safety rates. As outdated American laws are perhaps the biggest obstacle to proper release or detain decisions, the paper also tackles how to change state statutes and constitutions to provide the necessary legal framework for the administration of bail. The paper is written for judges, but it is a must-read for anyone interested in pretrial justice, American notions of liberty, and rationality in the criminal justice system.

Read the full article




Posted Wed, Nov 5 2014 11:35 AM by Susan Powell

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