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Date: April 20, 2024 Sat
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Results for defendants
16 results foundAuthor: Jacobson, Jessica Title: Vulnerable Defendants in the Criminal Courts: A Review of Provision for Adults and Children Summary: This report examines the treatment of vulnerable defendants within the criminal courts of England and Wales. It is presented in two parts: Part I is concerned with vulnerable adult defendants, particularly those with learning disabilites; Part II is about child defendants -- that is, defendants aged between 10 and 17. The report assesses existing provision for these two groups of vulnerable defendants, and identifies gaps in provision. In addition, the report presents a number of far reaching recommendations. Details: London: Prison Reform Trust, 2009. 68p. Source: Year: 2009 Country: United Kingdom URL: Shelf Number: 117812 Keywords: CourtsDefendantsJuvenile DefendantsLearning Disabilities |
Author: Cohen, Thomas H. Title: Felony Defendants in Large Urban Counties, 2006 Summary: This statistical report presents data collected from a representative sample of felony cases filed in the nation's 75 most populous counties during May 2006. To provide a complete overview of the processing felony defendants from filing to disposition and sentencing, non-murder cases are tracked for one year and murder cases are tracked for two years. Data collected include current arrest charges, demographic characteristics, prior arrests and convictions, criminal justice status at time of arrest, type of pretrial release or detention, bail amount, court appearance record, adjudication outcome, and conviction sentence received. Details: Washington, DC: U.S. department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2010. 41p. Source: Internet Resource; Bureau of Justice Statistics Bulletin, May 2010 Year: 2010 Country: United States URL: Shelf Number: 118596 Keywords: CourtsCriminal Statistics (U.S.)DefendantsProsecution |
Author: Flower, Shawn M. Title: Disparities in Jury Outcomes: Baltimore City vs. Three Surrounding Jurisdictions - An Empirical Examination Summary: Do juries in Baltimore City convict defendants at different rates than juries in other jurisdictions? This is the question answered by the current study, which examined a total of 293 cases – a random sample of 98 cases from Baltimore City of all cases where a jury trial was prayed or scheduled in fiscal year 2006 (July 1, 2005 to June 30, 2006) and all cases disposed by jury trial in Anne Arundel (85 cases), Baltimore (78 cases) and Howard Counties (32 cases) from July 1, 2005 through December 31, 2006. Details: Baltimore, MD: Abell Foundation, 2008. 54p. Source: Internet Resource: Accessed September 20, 2010 at: http://www.abell.org/pubsitems/Disparities-cj.908.pdf Year: 2008 Country: United States URL: http://www.abell.org/pubsitems/Disparities-cj.908.pdf Shelf Number: 113576 Keywords: DefendantsJuriesTrials |
Author: Great Britain. Ministry of Justice Title: Virtual Court Pilot: Outcome Evaluation Summary: The Virtual Court (VC) was piloted between May 2009 and May 2010 in one magistrates’ court and fifteen police stations in London and one magistrates’ court and a police station in North Kent. In the Virtual Court qualifying defendants did not have to physically attend the first hearing in the magistrates’ court, but remained in the police station with a video link to the court. The intention was to reduce costs by reducing the time between the charge and the first hearing in the piloted magistrates courts and police stations. The pilot assessment considered the cost effectiveness, speed and justice outcomes of the pilot sites compared to the traditional courts over the period from January to April 2010, as well as the implications of rolling out the scheme nationally. The findings indicate that the pilot was successful in reducing the average time from charge to first hearing, failure to appear rates and prisoner transportation and police cell costs. However, these savings were exceeded by costs of the pilot, particularly those associated with the technology used. Details: London: Ministry of Justice, 2010. 52p. Source: Internet Resource: Ministry of Justice Research Series 21/10: Accessed December 23, 2010 at: https://www.justice.gov.uk/publications/docs/virtual-courts.pdf Year: 2010 Country: United Kingdom URL: https://www.justice.gov.uk/publications/docs/virtual-courts.pdf Shelf Number: 120624 Keywords: Costs of Criminal JusticeCourts (U.K.)Defendants |
Author: Ayres, Susan Title: Bail Refusal and Homelessness Affecting Remandees in New South Wales Summary: This study investigates homelessness among New South Wales defendants who were refused bail. Specific objectives of the study were to: 1) identify the number and proportion of defendants refused bail where homelessness was a factor; 2) identify factors related to bail refusal decision; 3) compare the characteristics of homeless and non-homeless defendants who were refused bail, and 4) explore the bail decision making process, particularly in reference to homelessness. Details: Sydney: Corporate Research Evaluation & Statistics, Corrective Services NSW, 2010. 48p. Source: Internet Resource: Research Publication No. 50: Accessed February 7, 2011 at: https://correctiveservices.nsw.gov.au/__data/assets/pdf_file/0010/236971/rp50-bail-refusal-homelessness-affecting-remandees-nsw.pdf Year: 2010 Country: Australia URL: https://correctiveservices.nsw.gov.au/__data/assets/pdf_file/0010/236971/rp50-bail-refusal-homelessness-affecting-remandees-nsw.pdf Shelf Number: 120707 Keywords: Bail (New South Wales)DefendantsHomelessness |
Author: Anderson, James M. Title: How Much Difference Does the Lawyer Make? The Effect of Defense Counsel on Murder Case Outcomes Summary: One in five indigent murder defendants in Philadelphia are randomly assigned representation by public defenders while the remainder receive court-appointed private attorneys. The authors exploit this random assignment to measure how defense counsel affect murder case outcomes. Compared to appointed counsel, public defenders in Philadelphia reduce their clients' murder conviction rate by 19% and lower the probability that their clients receive a life sentence by 62%. Public defenders reduce overall expected time served in prison by 24%. They find no difference in the overall number of charges of which defendants are found guilty. When they apply methods used in past studies of the effect of counsel that did not use random assignment, they obtain far more modest estimated impacts, which suggests defendant sorting is an important confounder affecting past research. To understand possible explanations for the disparity in outcomes, they interviewed judges, public defenders, and attorneys who took appointments. Interviewees identified a variety of institutional factors in Philadelphia that decreased the likelihood that appointed counsel would prepare cases as well as the public defenders. The vast difference in outcomes for defendants assigned different counsel types raises important questions about the adequacy and fairness of the criminal justice system. Details: Santa Monica, CA: RAND Corporation, 2011. 47p. Source: Internet Resource: Accessed on January 21, 2012 at http://www.rand.org/content/dam/rand/pubs/working_papers/2011/RAND_WR870.pdf Year: 2011 Country: United States URL: http://www.rand.org/content/dam/rand/pubs/working_papers/2011/RAND_WR870.pdf Shelf Number: 123716 Keywords: DefendantsDefense AttorneysHomelessnessHomicide |
Author: Phillips, Mary T. Title: Commercial Bail Bonds in New York City: Characteristics and Implications - Final Report Summary: This report updates and expands upon a recent study of bail making by the New York City Criminal Justice Agency, Inc. (CJA), which found that bail bondsmen play a much larger role in New York City than they once did (Phillips 2010a, hereafter referred to as the “bailmaking report”). The research revealed that bonds accounted for 15% of all bail releases in the study sample, and 21% of cases with bail set at $1,000 or more. The bail-making report presented data showing that over 750 commercial bonds were posted in the four largest boroughs of the City for cases with an arrest from July through September 2005. (The term “commercial bond” is used here to refer to an insurance company bail bond, written by a commercial bond agent.) That number results in an annualized estimate of about 3,000 bonds per year in the City, although the actual total is undoubtedly higher than that. The majority of defendants in New York City are still released on recognizance (CJA 2010), and the majority of defendants who make bail do so by posting cash directly with the court. Still, the research showed that commercial bonds are by no means the rarity they once were. Analyses presented in the bail-making report utilized defendant and case-processing data from the CJA database, as well as form-of-bail data from the Office of Court Administration (OCA). The research examined the factors associated with making bail by cash versus bond, including the amount of bail set at arraignment, the courts’ use of cash alternatives, and time to release. Supplementary information collected by hand from cash bail receipts was presented pertaining to the sureties who posted cash bail for defendants, their relationship to the defendant, and geospatial relationships among the locations of the jail where the defendant was held, the bail-posting site, and the surety’s residence. Supplementary data describing characteristics of cash bail cases were presented citywide and for all four boroughs included in the research. Comparably detailed information about bonds was also collected by hand from court papers filed by bail bondsmen, but when the bail-making report was in preparation this supplemental information for bond cases had been collected only for Brooklyn and Manhattan. The results, revealing striking differences between the two boroughs, were presented in the full report (Phillips 2010a) and summarized in the corresponding Research Brief (Phillips 2010b) with a cautionary comment on the preliminary nature of the conclusions. We promised to enlarge the number of cases with supplementary bond data citywide and to round out the borough comparisons by adding supplementary data from the Bronx and Queens in a future update. This report provides that update with the presentation of supplementary bond data for all four of the largest boroughs and expands the analyses to consider the implications for bail setting suggested by the citywide data. Details: New York, NY: CJA New York City Criminal Justice Agency, Inc., 2011. 70p. Source: Internet Resource: Accessed on January 29, 2012 at http://www.cjareports.org/reports/bonds2010final.pdf Year: 2011 Country: United States URL: http://www.cjareports.org/reports/bonds2010final.pdf Shelf Number: 123878 Keywords: BailDefendantsNew York City |
Author: Phillips, Mary T. Title: Commercial Bail Bonds in New York City Summary: This report expands upon a recent study of bail making by the New York City Criminal Justice Agency, Inc. (CJA), which found that bail bondsmen play a much larger role in New York City than they did 30 years ago Research Brief #23, 2010). Commercial bail bonds are the most common form of pretrial release throughout the country, but for decades New York City has been different. Release on recognizance (ROR) accounts for two thirds of releases at arraignment in NYC. And when bail is set, it is more likely to be made by posting cash directly with the court than by posting a bond. However, the use of commercial bonds has increased in New York City in recent years, to well over 3,000 bonds annually. For cases with bail set at $1,000 or more, commercial bonds account for one in five bail releases. Defendants buy bonds because the amount of cash required up front can be considerably less than would be needed to post cash bail. The drawback is that a bond is much more expensive in the long run because cash bail is refunded. In addition, the bondsman can revoke the bond, sending the defendant back to jail, without giving the courts a reason. Citywide data are presented describing characteristics of bond agents, insurance companies, and co-signers. The research focused primarily on the financial aspects of commercial bonds and identified significant borough differences. These findings were used to devise a tool — the “effective cash discount” — that would enable the courts to set cash alternatives at a level calculated to remove the financial incentive for posting a bond rather than cash, tailored to the borough and bond amount. The report concludes with several recommendations, including use of an effective cash discount, that would lessen reliance on bondsmen. Details: New York, NY: CJA New York City Criminal Justice Agency, Inc., 2011. 8p. Source: CJA Research Brief No. 26: Internet Resource: Accessed on January 29, 2012 at http://www.cjareports.org/reports/brief26.pdf Year: 2011 Country: United States URL: http://www.cjareports.org/reports/brief26.pdf Shelf Number: 123879 Keywords: Bail (New York City)Bail BondsmenCommercial BondsDefendants |
Author: Dogru, Osman Title: "Mills that Grind Defendants": Criminal Justice System in Turkey from a Human Rights Perspective Summary: "Mills that Grind Defendants: Criminal Justice System in Turkey from a Human Rights Perspective”, authored by Osman Doğru delves into the problematic aspects of the criminal justice system in Turkey with a comparative approach through European Human Rights Convention’s legal framework and implementations. The report focuses on the following problematic aspects of the defendants’ rights in Turkey: detentions without indictments; prolonged pre-trial detentions and lengthy trials; prevention of defendants’ access to legal counsel and the issuance of indictments based on unlawfully obtained evidences. In addition, Osman Doğru’s report critically evaluates the treatment of this issue in the Judicial Reform Strategy, produced by the Ministry of Justice and puts forth specific policy recommendations. Details: Istanbul: TESEV (Turkish Economic and Social Studies Foundation) Publications, 2012. 34p. Source: Internet Resource: Accessed July 18, 2012 at: http://www.isn.ethz.ch/isn/Digital-Library/Publications/Detail/?lng=en&id=142277 Year: 2012 Country: Turkey URL: http://www.isn.ethz.ch/isn/Digital-Library/Publications/Detail/?lng=en&id=142277 Shelf Number: 125664 Keywords: Criminal Justice Systems (Turkey)DefendantsHuman RightsJudicial ReformTrials |
Author: Thompson, R. Alan Title: Perceptions of Defendants with Mental Illness Summary: During the 1980's and into the 1990's publicly supported institutions devoted to providing care for the mentally ill began closing due to large-scale budgetary crises, thereby shifting affected individuals into the public domain with no real alternatives for effective treatment. As a result of their varied mental conditions, many such individuals found themselves unable to find gainful employment and adequate shelter. In short order, the now homeless and underemployed mentally ill population began to run afoul of the law in large numbers and, in the absence of available referral alternatives, became chronic offenders in all categories of criminal behavior. Gradually shifting responsibility for handling the mentally ill into the criminal justice realm and away from specially created institutions has resulted in a situation that can only be described as the "criminalization of mental illness." More simply stated, the criminal justice system now bears considerable responsibility for responding to both the immediate and long-term needs of a unique population and an exceedingly complex social problem. Today, it is estimated that the criminal justice system incarcerates in excess of 1.5 million individuals in state and federal prisons. Some conservative and dated studies report that as many as one quarter of one million inmates confined to correctional institutions suffer from varying degrees of mental illness. In light of this situation, which shows no immediate signs of abatement, it becomes imperative to better understand how the contemporary criminal justice system responds to its broadened public welfare mandate. To accomplish this objective, the Mississippi Statistical Analysis Center undertook an exploratory research initiative focused on assessing the beliefs, perceptions and attitudes of courtroom participants regarding defendants with mental illness. Specifically, the target population for the survey consisted of judges, prosecutors and public defenders within the state. This particular group was of interest given their significant role not only in the process of adjudication, but also in determining current and future public risk, as well as appropriate methods of treatment and / or confinement. This document reports the results of the study and identifies policy implications, as well as the need for additional attention regarding the issue. Details: Hattiesburg, MS: Mississippi Statistical Analysis Center, 2014. 32p. Source: Internet Resource: Accessed June 30, 2014 at: https://www.usm.edu/sites/default/files/groups/school-criminal-justice/pdf/2013-2014perceptions_of_defendants_with_mental_illness.pdf Year: 2014 Country: United States URL: https://www.usm.edu/sites/default/files/groups/school-criminal-justice/pdf/2013-2014perceptions_of_defendants_with_mental_illness.pdf Shelf Number: 132561 Keywords: DefendantsMental HealthMentally Ill Offenders |
Author: Bartels, Lorana Title: Indigenous-specific court initiatives to support Indigenous defendants, victims and witnesses Summary: This brief highlights some current initiatives in operation in Australian courts which seek to make the court process more responsive to the needs of Indigenous participants, along with some examples from New Zealand and Canada. Further sources of support, for example Aboriginal legal and victim support services and judicial education, including judicial benchbooks, are also considered, along with issues around language and communication. While it is acknowledged that most of the initiatives described have not been formally evaluated, some initiatives have been identified as examples of good or promising practice which can provide lessons for policy makers. Details: Canberra: Australian Institute of Criminology, Indigenous Justice Clearinghouse, 2015. 8p. Source: Internet Resource: Brief 17: Accessed February 23, 2016 at: http://www.indigenousjustice.gov.au/briefs/brief017.pdf Year: 2015 Country: Australia URL: http://www.indigenousjustice.gov.au/briefs/brief017.pdf Shelf Number: 137941 Keywords: Aboriginals Criminal Court DefendantsIndigenous Peoples Victim Services |
Author: Gibbs, Penelope Title: Defendants on video - conveyor belt justice or a revolution in access? Summary: Embracing technology is the progressive thing to do. We all know that - it has enriched our lives immeasurably. Sometimes, however, it is really important to pause for thought, and ask whether a seemingly obvious opportunity for a technological solution is actually one that is worth grasping. That is the message from this timely report. It offers a totally convincing argument that the use of video and similar technologies for virtual court hearings may carry risks and costs that outweigh the likely benefits. Court hearings are complex events. It requires a great deal of coordination and cost to assemble all the participants. Surely there are benefits to be had by allowing some - or all - of them to take part in hearings virtually? Certainly there are potential savings, but there are also some obvious, and some less than obvious, costs. The obvious ones are financial. Whilst it is easy and cheap to take part in a short Skype meeting, the virtual reality that is afforded to participants is far from real. It is very much more expensive to provide equipment that meets realistic criteria for court business. There are issues of visual and acoustic clarity. Virtual participants need to see and hear what is going on, and need to be seen and heard just as clearly. Systems need to be 100% reliable and available - which can prove expensive. These practical considerations may be surmountable, of course. 'Teething problems' can be solved, and costs of technology will fall over time - but these arguments do not remove the need for careful and thorough calculation of cost-effectiveness. The non-financial costs of virtual hearings are potentially more troubling. In the first place, many defendants are vulnerable participants, and appearances in court are arguably very stressful 'vulnerable moments' for the majority, sometimes having life-changing consequences. It is overoptimistic to expect them to participate as fully in a virtual hearing as they can in open court, and to ensure that they are properly given voice. More generally, virtual technology inevitably degrades the quality of human interaction. Nuances may be undetected, misunderstandings may go unnoticed more easily. Empathy may be lost. Defence counsel may find it harder to support their clients effectively, and there are some indications that the technology may actually affect court outcomes. In other words, there is no guarantee at present that virtual hearings will not damage the quality of justice. Finally there are more diffuse - but equally important - concerns about the impact of this technology on the legitimacy of the criminal courts. We know that courts draw their legitimacy from many sources. Treating people fairly, giving them respect, listening to their side of the story, explaining the processes carefully, are all important preconditions. But there is also an element of theatre to court business. One might question whether the full pomp and ritual of wigs and gowns are essential to the authority of the court, but it would be naive to ignore the fact that a hearing is an occasion, not simply a transaction. And it seems very likely that the quality of the occasion is thinned by the technologies of virtual reality. Some will be tempted to dismiss this report as sentimental Neo-Luddism. That would be wrong, as its arguments are balanced and thoughtful, and deserve close consideration. For most citizens, court appearances constitute rare and important moments of interaction with the power of the state. It could prove a costly mistake to penny-pinch when orchestrating these moments. Details: London: Transform Justice, 2017. 41p. Source: Internet Resource: Accessed December 8, 2017 at: https://www.barrowcadbury.org.uk/wp-content/uploads/2017/10/TJ_Disconnected.pdf Year: 2017 Country: United Kingdom URL: https://www.barrowcadbury.org.uk/wp-content/uploads/2017/10/TJ_Disconnected.pdf Shelf Number: 148768 Keywords: Criminal CourtsCriminal DefendantsDefendantsVideo HearingsVideo Technology |
Author: Watts, Alexis Title: Closing the "Gap" Between Competency and Commitment in Minnesota: Ideas from National Standards and Practices in Other States Summary: In Minnesota, a "gap" exists in the justice system for defendants with mental illness. Defendants in criminal cases are found incompetent to stand trial, yet do not meet the higher standard for civil commitment. Commitment is the only way to receive competency restoration treatment, so individuals who do not meet the standard are unable to resolve their criminal cases or to receive treatment. The Robina Institute conducted research see how other states address incompetency. Below are the key findings from that research: 1. Minnesota's system, in which a determination of incompetency to stand trial is not a sufficient basis for the court to mandate some form of restoration to competency treatment, is unique. Most states employ a few basic strategies to treat defendants. A finding of incompetency may trigger: - Some form of commitment (often based on the incompetency finding and not on a separate commitment standard); - Court-ordered inpatient or outpatient treatment; and/or - Pre-trial release during which treatment is a condition of release. 2. States that have not found adequate treatment alternatives but require judges to order treatment often experience an overflow of mentally ill defendants waiting in limbo for a bed after treatment is ordered; many await treatment in jails. 3. Defendant rights are an important consideration in writing a law that closes the "gap." Minnesota's current system holds the individual rights of mentally ill defendants in high regard and does not simply confine them for being incompetent to stand trial as many other states do. 4. A handful of jurisdictions that have streamlined the commitment process or created other legal mechanisms to close the gap have also taken steps to ensure treatment for defendants in the least-restrictive setting. However, the "least restrictive setting" language loses meaning where no alternatives to inpatient treatment exist (similar to civil commitment in Minnesota, which can only be to a secure hospital setting). 5. In some states, "treatability" is a key consideration in determining the appropriate action upon a finding of incompetency. Untreatable defendants may face civil commitment or release but they are not offered treatment resources. 6. Thirty-one states operate formal and informal outpatient competency restoration treatment programs. Meanwhile, several different states have begun to utilize jail-based treatment to competency. However, such a program may not satisfy Minnesota's due process requirements. Solutions to address the competency gap in Minnesota should focus on several areas: - Consider whether to preserve the current legal standard for commitment, lower the standard for this type of commitment, and/or to design an alternative legal mechanism (such as pre-trial conditional release or a court order) for the purposes of competency treatment. Any proposal for change should take into account the capacity of the system and consideration of the state's commitment to the rights of defendants. - Work to develop less restrictive forms of treatment than exist in a maximum-security hospital. Community-based outpatient care may meet the needs of many low-to-medium risk defendants. - Ensure that the treatment delivered is high quality and truly addresses the competency needs of the criminal defendant. - Work to improve the mental health infrastructure in general to make it easier to access care before a crime can take place and to offer an alternative to defendants whose cases are dismissed but who still need treatment. Details: Minneapolis: Robina Institute of Criminal Law and Criminal Justice, 2018. Source: Internet Resource: Accessed February 8, 2018 at: https://robinainstitute.umn.edu/publications/new-report-alexis-lee-watts-closing-%E2%80%9Cgap%E2%80%9D-between-competency-and-commitment-minnesota-%E2%80%8B Year: 2018 Country: United States URL: https://robinainstitute.umn.edu/publications/new-report-alexis-lee-watts-closing-%E2%80%9Cgap%E2%80%9D-between-competency-and-commitment-minnesota-%E2%80%8B Shelf Number: 149024 Keywords: Competence to Stand TrialDefendantsMental Health ServicesMentally Ill Offenders |
Author: Savitsky, Douglas Title: The Problem with Plea Bargaining: Differential Subjective Decision Making as an Engine of Racial Disparity in the United States Prison System Summary: Over the last three decades, the rate of incarceration in the United States has risen at an unprecedented rate. This is true while the rate of criminal activity has dropped steadily. Further, while the rate of much criminal activity is equal across races, the rate of incarceration for Blacks has risen far faster than for whites. The United States now incarcerates more than 1 in 100 American adults. This make the United States the current world leader in both prison population size, and percentage of citizens in prison. While the reasons for this are numerous and complicated, the hypothesis of this project is that plea bargaining is a cause in fact for both high prison populations and the high levels of racial stratification in prisons. Plea bargaining has become ubiquitous as the primary method of criminal case disposition in the United States. Indeed, the vast majority of criminal convictions are obtained through a plea bargain. Plea bargaining lowers the transaction cost of criminal prosecutions which combines with political policies favoring large scale incarceration to drive up prison populations. Further, plea bargaining indirectly pits defendants against each other in a multiplayer Prisoner's Dilemma that induces defendants to take worse bargains than they otherwise might. Moreover, the decrease in transaction costs is generally larger for cases against poor defendants which correlates to a decrease in transaction costs for prosecuting Black defendants. Since prosecutors are interested in maximizing successful prosecutions and minimizing costs, they are encouraged to prosecute a disproportionate number of Black defendants. Additionally, a defendant negotiates based upon his subjective views of the criminal justice system and his expectation of conviction. He bases these views on objective reality as well as on social, cultural, and economic factors. This analysis leads African American defendants to bargain with a more pessimistic estimate of how they will fare as compared to white defendants, resulting in overall worse, bargains. Finally, a norm of plea bargaining as the accepted method of case disposition has emerged as an institution. This norm perpetuates the social factors that facilitated the disparate bargains in the first place. Details: Ithaca, NY: Cornell University, 2009. 191p. Source: Internet Resource: Dissertation: Accessed February 27, 2018 at: https://ecommons.cornell.edu/bitstream/handle/1813/13836/Savitsky,%20Douglas.pdf;jsessionid=F636366748E1F7BC32F271F1E51D3C6B?sequence=1 Year: 2009 Country: United States URL: https://ecommons.cornell.edu/bitstream/handle/1813/13836/Savitsky,%20Douglas.pdf;jsessionid=F636366748E1F7BC32F271F1E51D3C6B?sequence=1 Shelf Number: 149236 Keywords: Criminal Courts Defendants Guilty Pleas Plea Bargaining Racial Disparities |
Author: Human Rights Watch Title: "Caught in a Web": Treatment of Pakistanis in the Saudi Criminal Justice System Summary: Despite over a decade of reforms, the Saudi criminal justice system continues to trample over the rights of Saudi and non-Saudi defendants to due process and fair trials. The glaring defects in the criminal justice system are especially acute for the twelve million foreigners living in Saudi Arabia, over one-third of the country's total population, who face substantial challenges obtaining legal assistance and navigating Saudi court procedures. About 1.6 million Pakistanis, most of them foreign migrant workers, make up the second-largest migrant community in Saudi Arabia. "Caught in a Web" is based on interviews with Pakistani citizens detained and put on trial in Saudi Arabia in recent years, as well as family members of other Pakistani defendants. Pakistani detainees, former detainees, and their family members detailed the Saudi criminal justice system and Saudi courts' rampant due process violations, including long periods of detention without charge or trial, no access to legal assistance, pressure on detainees from the authorities to sign confessions and accept predetermined prison sentences to avoid prolonged arbitrary detention, and ineffective translation services for defendants. Some defendants reported ill-treatment and poor prison conditions. Due process violations were most consequential for defendants involved in serious cases such as drug smuggling and murder, which often carry the death penalty. Saudi Arabia executes more Pakistanis than any other foreign nationality annually, mostly for heroin smuggling. The report calls on the Saudi government to improve its legislation and practices to create real protections against arbitrary arrest, due process, and fair trial violations, and it calls on the Pakistani government to ensure that Pakistani detainees in Saudi Arabia have access to consular services and legal representation. Details: New York: HRW, 2018. 35p. Source: Internet Resource: Accessed March 16, 2018 at: https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0318_web.pdf Year: 2018 Country: Saudi Arabia URL: https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0318_web.pdf Shelf Number: 149486 Keywords: CourtsCriminal Justice SystemsDefendantsDiscriminationHuman Rights Abuses |
Author: Sloan, Carly Will Title: The Effect of Risk Assessment Scores on Judicial Behavior and Defendant Outcomes Summary: The use of risk assessment scores as a means of decreasing pretrial detention for low-risk, primarily poor defendants is increasing rapidly across the United States. Despite this, there is little evidence on how risk assessment scores alter criminal outcomes. Using administrative data from a large county in Texas, we estimate the effect of a risk assessment score policy on judge bond decisions, defendant pretrial detention, and pretrial recidivism. We identify effects by exploiting a large, sudden policy change using a regression discontinuity design. This approach effectively compares defendants booked just before and after the policy change. Results show that adopting a risk assessment score leads to increased release on non-financial bond and decreased pretrial detention. These results appear to be driven by poor defendants. We also find risk assessment scores did not increase violent pretrial recidivism, however there is some suggestive evidence of small increases in non-violent pretrial recidivism. Details: Bonn, Germany: Institute of Labor Economics, 2018. 54p. Source: Internet Resource: Accessed December 18, 2018 at: https://ideas.repec.org/p/iza/izadps/dp11948.html Year: 2018 Country: United States URL: http://ftp.iza.org/dp11948.pdf Shelf Number: 154069 Keywords: BailBondDefendantsJudicial DiscretionNon-Financial BondPretrial DetentionRecidivismRisk AssessmentTexas |