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Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
Pretrial services (PS) programs can be valuable resources for making significant improvements in the criminal justice system because they are used in the early stages of the criminal case process. This report provides a review of issues and practices in the PS field. It describes how pretrial programs operate, discusses key policy issues, and outlines issues and challenges for the future. It pays particular attention to how PS programs obtain and convey information relevant to the pretrial release/detention decision. Describes how PS agencies, the court, and other criminal justice system agencies can work together to minimize the risks of nonappearance and pretrial crime.
Key recommendations -- Methodology -- I. Background -- II. Pretrial detention in California -- II. Bail leads to jailing people who are not guilty -- III. Bail and jail result in an unfair justice system -- IV. Bail devastates poor and middle-income defendants and households -- V. Does bail in California serve the legitimate purposes of pretrial detention? -- VI. Profile-based risk assessment -- VII. A better way: increased cite and release and individualized risk assessment -- IX. International human rights law.
"Project of the American Bar Association Criminal Justice Standards Committee, Criminal Justice Section"--Title page verso.