PREVENTIVE DETENTION
| Date | 01 May 1979 |
| Author | PHILIP BARIDON,THOMAS McEWEN |
| DOI | http://doi.org/10.1111/j.1745-9125.1979.tb01273.x |
| Published date | 01 May 1979 |
Abstract
0
The authors suggest that the probability of an arrestee engaging in violent
crime before trial should be recognized
as
on independent and legitimate
concern of the courts. Some of the major practical and legalconsiderations
in implementing a pretrial detention option are discussed.
A
model is pro-
posed which would give prosecutors
o
unijorm basis for the decision to
request a judicial order to detoin pending trial. The model is based upon a
modi9cation of the Sellin- Wolfgang index
of
seriousness.
PREVENTIVE DETENTION
A
Matter
of
Balance
PHILIP BARIDON
St.
Elizabeths Hospital
THOMAS
McEWEN
PRC Public Management Services, Inc.
he Sixth Amendment guarantees every citizen charged with
a
crime the right to
a
speedy trial. Unfortunately, delays of
more than six months from arrest to trial are not uncommon,
especially in major urban centers. The reasons for delay are not
hard to find. Overworked prosecutors are less inclined to
ob-
ject to defense motions for
a
postponement on various grounds.
Delay serves the defense since complainants and witnesses
become less interested in prosecution, are more vague on the
details of an event, and are bewildered about the entire criminal
justice process. During
a
delay the accused
may
be held without
bail (for some capital offenses) or may be unable to post bond.
More often than not, the accused is released on a surety bond,
to third party custody, or on his own recognizance. Approxi-
mately
35
states and the District of Columbia now have some
type of "release on recognizance"
(ROR)
program (National
Advisory Commission, 1973:
108).
The only purpose of bail is to assure the appearance of the
defendant at later proceedings (Newman, 1975). It is
a
protec-
tion against flight. Other forms of pretrial release share the
t
CRIMINOLOGY,
Vol.
17
No.
I.
May 1979
22-33
0
1979 American Society
of
Criminology
22
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