Bench warrants
A bench warrant is a legal order issued by a judge for the arrest of a defendant who has failed to appear in court as required. Unlike an arrest warrant, which is based on probable cause and initiated by law enforcement, a bench warrant specifically arises from a defendant's absence in a judicial proceeding. When a bench warrant is issued, the defendant may be taken into custody, resulting in the forfeiture of any bail and potentially leading to additional charges such as bond jumping, which carries further penalties.
Data from a study of major U.S. jurisdictions indicates that around 22 percent of defendants released prior to trial have bench warrants issued against them for failing to appear, a figure that has shown stability over certain periods. However, the interpretation of these statistics can vary based on differing definitions of "failure to appear" across various jurisdictions. Importantly, many defendants do not intentionally miss their court dates; factors such as unclear notification practices, transient living situations, and lengthy court delays contribute to these absences. Understanding these dynamics is crucial in considering the broader implications of bench warrants in the judicial system.
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Bench warrants
Defendants released prior to trial do not always appear in court as mandated. Consequently, a judge issues a bench warrant, or capias, to retrieve them. Unlike an arrest warrant, which is requested by police officials and based on probable cause, a bench warrant is issued solely on failure to appear at a required legal proceeding. Leading to custody for the defendant, a bench warrant has other ramifications: Bail is forfeited, and the defendant is subject to a separate charge of bond jumping, which incurs additional penalties.
A 2000 Bureau of Justice Statistics study of the seventy-five largest U.S. jurisdictions reports that bench warrants for failure to appear were issued for 22 percent of released defendants. This percentage remained relatively stable from 1990 to 2004. Statistical data on bench warrants, however, should be read with caution. Percentages can vary greatly from study to study depending upon how the researcher defines “failure to appear.” For example, during the early 1970s, Detroit’s courts were under pressure to keep pretrial release to a minimum, thus a defendant only a minute late was said to be skipping. On the other hand, a city hoping to expand pretrial release may be more liberal, allowing a day or two for defendants to report before issuing a bench warrant.
Defendants who fail to appear do not always do so intentionally. In fact, failure-to-appear rates are strongly associated with court practices. A large percentage of defendants miss court dates because they are not given clear notice of when to appear next. In some jurisdictions, notification is simply an oral statement at the end of a proceeding. Considering the noise and confusion in the courtroom, as well as the strangeness of legal proceedings themselves, it seems logical that a defendant would fail to appear under these circumstances. Further, considering that defendants are often transients and courts keep only the last known address, delivery by mail of notices to appear may also be ineffective. Last, the court’s consistent and lengthy delays seem to increase failure-to-appear rates.
Bibliography
Clarke, Stevens, Jean Freeman, and Gary Koch. The Effectiveness of Bail Systems: An Analysis of Failure to Appear in Court and Rearrest While on Bail. Chapel Hill, N.C.: Institute of Government, University of Carolina, 1976.
Eskridge, Chris. Pre-trial Release Programming: Issues and Trends. New York: Clark Boardman, 1983.
Goldkamp, John, Michael Gottfredson, Peter Jones, and Doris Weiland. Personal Liberty and Community Safety: Pre-trial Release in the Criminal Court. New York: Plenum Press, 1995.
Lerner, Kira. "New Research Shows an Alarmingly High Rate of Arrests for Outstanding Bench Warrants." Arnold Ventures, 7 June 2021, www.arnoldventures.org/stories/new-research-shows-an-alarmingly-high-rate-of-arrests-for-outstanding-bench-warrants. Accessed 21 June 2024.
"What Is a Bench Warrant?" Legal Match, 6 May 2023, www.legalmatch.com/law-library/article/what-is-a-bench-warrant.html. Accessed 21 June 2024.