Thesis (doctoral)--Philipp-Universität zu Marburg.

Thesis (doctoral)--Universität Bern.

Thesis (LL. M.)--Judge Advocate General's School, U.S. Army, 1969. / "April 1969." Typescript. Includes bibliographical references (leaf 87). Also issued in microfiche.

Thesis (doctoral)--Universität Bern.

Thesis (M. Soc. Sc.)--University of Hong Kong, 1988.

Thesis (M.Soc.Sc.)--University of Hong Kong, 1988. / Also available in print.

Pretrial release (PTR) is the permanent or temporary freedom from incarceration for criminal defendants awaiting adjudication of their cases in court. From Anglo Saxon times in England, people accused of non-capital crimes were generally permitted to remain free until judicial officials could hear the charges against them. In America, pretrial release has been advocated by the courts since the colonial era. The U. S. Constitution requires that bail not be excessive, but leaves governments free to decide how bail laws are administered. The study briefly traces the historical developments of PTR up to the present time. The study then centers on the PTR process of three Oregon counties (Multnomah, Washington, and Yamhill) and observes the decisions of judges, release assistance officers, and jailers in relation to the release outcomes for a study group (N=619) who were booked into jails of the three counties in 1993. Background data on defendants in the study include gender, race, the crimes for which they were arrested, criminal history, and the disposition of the current charges. Seventy-one percent of the defendants received PTR. Significant factors in the release outcome, as shown by logistic and multiple regression analyses, were probation violation status, felony in the current charge, narcotics offenses in the current charge, and charged with multiple offenses. Gender and race were not strong influences on the release outcome. Hispanic defendants (N = 108) in the study, however, were detained in jail longer than Whites (N=394). Hispanics were less likely than Whites to be released on the same day of arrest and served generally longer jail terms than Whites under similar sentences. Possible explanations are that Hispanics were more frequently charged with distributing narcotics and charged with multiple offenses. Implications suggest further studies on minorities in judicial and corrections settings. The study has applications in judicial and corrections policies on the early release of inmates, an important issue as jails become increasingly overcrowded.

Background: Due to the increase of crime in South Africa and the overcrowding of correctional facilities, there has been increasing pressure on courts to find and implement alternatives to imprisonment. In this regard, the so-called "desirability of prosecution" reports and diversion for youths is in general use throughout the country. A new trend is, however, an increase in requests of "desirability of prosecution" reports for adults by some courts, while others are still unaware of their potential use and its accompanying diversion for adults. This state of affairs has caused some uncertainty amongst probation officers regarding what precisely is expected of this type of investigations and the reports that must be presented to the courts. Objective: The primary aim of the study was to determine the nature and required content of the so-called "desirability of prosecution" report for adults. Method: The empirical research focused on magistrates' and control prosecutors' expectations regarding the particular type of report. It utilised a combination of quantitative and qualitative research methods and involved three magistrates and seven control prosecutors from three different towns in three different provinces in central South Africa. Results: From the questionnaires and interviews it, first of all, became clear that not all the respondents were aware of the fact that the so-called "desirability of prosecution" reports and accompanying diversion can also be used for adults. It, secondly, showed that the vast majority of respondents viewed it as a mechanism that showed great promise and that it has already been utilised with some success by some courts. The study also produced a variety of guideline for the compilation of such reports. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2007.

The problem of jail overcrowding has forced corrections officials and jail administrators to examine ways in which to better manage available jail space. Pretrial release and detention policies have been a target of this examination as pretrial defendants typically account for 50% of a jail's population. Standards for pretrial release exist, but their administration varies by jurisdiction. The impact of jail overcrowding on pretrial release policies has been to decrease the time available to render a decision. Recent efforts to standardize pretrial release standards in Oregon have not addressed the issue of expediency. The current study examines pretrial misconduct (failure to appear in court and rearrest) with regard to information that is available to jail personnel and release office personnel at the time of arrest, with the specific intent to develop a predictive model of pretrial misconduct that will function as an initial risk assessment. Six hundred defendants arrested in Washington County, Oregon during 1991 served as subjects. The results indicated that 90.9% of all defendants arrested are released pending trial/ and that 22.7% of those released engaged in pretrial misconduct. The results of the loglinear model-building indicated that the variables prior failure-to-appears/ employment, and age were the best predictors of pretrial misconduct. The construction sample (n = 395) accurately predicted 94.5% of the observed pretrial misconduct compared to 90.7% for the validation sample (n = 150). The loglinear analysis yielded 16 typologies (based on the variables included in the model) by which defendants could be ranked as to their risk of pretrial misconduct. Spearman Rank Order coefficents for the construction and validation samples were .847 and .626 respectively. Data were also collected on detained subjects. A Chi-Square test using detained with released ?Ubjects by typology indicated that the categories are not independent (p < .01). Further examination indicated that the detained subjects did represent higher risks of pretrial misconduct as estimated by the typologies. The results also indicated that defendants currently on probation or parole were more likely to detained than other defendants. The results do not reject the assumptions by Sturz {1962), whose Manhattan Bail Project is the basis for pretrial release, that persons with strong ties to the community may pose the least risk of pretrial misconduct. The results also found sex and ethnic differences with regard to pretrial misconduct. The sex differences may have been confounded by age and crime type; however, the ethnic differences may reflect a systemic inability to communicate with Hispanic offenders.

Background: Due to the increase of crime in South Africa and the overcrowding of correctional facilities, there has been increasing pressure on courts to find and implement alternatives to imprisonment. In this regard, the so-called "desirability of prosecution" reports and diversion for youths is in general use throughout the country. A new trend is, however, an increase in requests of "desirability of prosecution" reports for adults by some courts, while others are still unaware of their potential use and its accompanying diversion for adults. This state of affairs has caused some uncertainty amongst probation officers regarding what precisely is expected of this type of investigations and the reports that must be presented to the courts. Objective: The primary aim of the study was to determine the nature and required content of the so-called "desirability of prosecution" report for adults. Method: The empirical research focused on magistrates' and control prosecutors' expectations regarding the particular type of report. It utilised a combination of quantitative and qualitative research methods and involved three magistrates and seven control prosecutors from three different towns in three different provinces in central South Africa. Results: From the questionnaires and interviews it, first of all, became clear that not all the respondents were aware of the fact that the so-called "desirability of prosecution" reports and accompanying diversion can also be used for adults. It, secondly, showed that the vast majority of respondents viewed it as a mechanism that showed great promise and that it has already been utilised with some success by some courts. The study also produced a variety of guideline for the compilation of such reports. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2007.