December 3, 2010

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