The Price of Freedom

Bail and Pretrial Detention of Low Income Nonfelony Defendants in New York City

Summary

Recommendations

I. The Bail Process

Arrest through Arraignment

Misdemeanor Arrests

Arraignment

The Statutory Framework

II. Who Suffers?: Bail and Pretrial Detention of Low Income Defendants

For the Poor, Bail Means Jail

Sub Rosa Preventive Detention

Pretrial Punishment

Plea Bargains

III. Factors Influencing Judges' Bail Decisions

The Exercise of Judicial Discretion

The New York City Criminal Justice Agency's Release Recommendations

Role of Prosecutor

Public Safety

Race

The Myth that Released Defendants Evade Justice

Judicial Training

IV. An Alternative to Pretrial Detention: Pretrial Supervision

Pretrial Supervision: Avoiding the Expense of Detention

V. Applicable Constitutional and Human Rights Law..

Constitutional law..

Right to Liberty

Equal Protection

International Human Rights Law

Acknowledgments