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Results for pretrial detention (new york city)

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Author: Fellner, Jamie

Title: The Price of Freedom: Bail and Pretrial Detention of Low Income Nonfelony Defendants in New York City

Summary: Thousands of defendants in New York City accused of minor crimes are held in pretrial detention each year solelybecause they cannot afford to pay even small amounts of bail. The Price of Freedom—based on scores of interviews with defendants, family members, judges, prosecutors, and defense attorneys, and a trove of new data—analyzes why this is happening and what can be done to ensure greater equity in the bail process. Previously unpublished data made available to Human Rights Watch by the NYC Criminal Justice Agency (CJA) shows that in 87 percent of cases of nonfelony defendants arrested in 2008 in which bail was set at $1,000 or less (the most recent year for which such data is available), the defendants were not able to post bail at arraignment. On average, such individuals spent some 16 days in pretrial detention. Almost three out of four such individuals were accused of nonviolent, non-weapons related crimes such as shoplifting, turnstile jumping, smoking marijuana in public, or trespassing. The Price of Freedom recommends that New York City develop a pretrial supervised release program to allow more nonfelony defendants to remain free while awaiting trial. This approach would honor the presumption of innocence but cost far less than housing, feeding, guarding, and providing medical care to inmates confined round the clock in jail. The report also calls for reforms requiring judges to more carefully tailor their bail decisions to defendants’ financial resources, including wider use of unsecured appearance bonds for those accused of misdemeanors.

Details: New York: Human Rights Watch, 2010. 70p.

Source: Internet Resource: Accessed December 3, 2010 at: http://www.hrw.org/en/reports/2010/12/02/price-freedom-0

Year: 2010

Country: United States

URL: http://www.hrw.org/en/reports/2010/12/02/price-freedom-0

Shelf Number: 120365

Keywords:
Bail
Misdemeanors
Pretrial Detention (New York City)