Manhattan Bail Project
The Manhattan Bail Project was an influential study conducted by the Vera Institute of New York aimed at evaluating the effectiveness of pretrial release for defendants. The project sought to determine which defendants posed the least risk of failing to appear at court proceedings if released on bail. The findings revealed that over 90% of defendants released under these conditions did appear for their scheduled hearings. Additionally, the study highlighted that released defendants were generally more capable of contributing to their defense and were less likely to be convicted compared to those who remained in custody. It also noted that those who were convicted received lighter sentences when they had been released on bail.
The project underscored disparities in the bail system, indicating that wealthier defendants could afford bail and therefore avoided lengthy pretrial incarceration, while less affluent defendants often languished in jail for minor offenses. This disparity raised critical questions about fairness and equal rights under the law. As a result, the Vera Institute introduced a scoring system to assist judges in setting fair bail amounts, which subsequently contributed to the development of the federal Bail Reform Act of 1966. The Manhattan Bail Project remains a significant reference point in discussions about bail reform and its implications for justice and equality in the legal system.
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Manhattan Bail Project
Identification: Government-sponsored study of pretrial release
Date: 1961
Place: New York, New York
Significance: The findings of the Manhattan Bail Project had a major influence on the federal Bail Reform Act of 1966.
Conducted by the Vera Institute of New York, the Manhattan Bail Project was undertaken to identify what kinds of defendants were the best risks for pretrial release. The project’s report concluded that more than 90 percent of defendants released after promising to appear at future court proceedings actually appeared at those future hearings. The study also revealed that individuals who were released on bail were generally better able to assist in their own defenses. Moreover, defendants released on bail were less likely to be convicted than those who were not, and those released on bail who were convicted were less likely to get prison time than defendants who were not released on bail.
The dollar figures that judges set for defendants’ bail are generally based on two considerations: the flight risks of the defendants and the safety of the community. Factors such as the severity and types of crime are considered for the issue of community safety. Also considered are the numbers, strength, and types of ties that defendants have in the communities.
The Vera Institute’s study is important for its impact on the issues of reasonable bail and equal rights under the law. The study revealed that defendants with adequate resources to pay for their bail typically spent little, if any time, in custody for minor offenses. By contrast, defendants charged with minor crimes who did not have the resources to post bail often spent their entire pretrial time in custody. Incarcerated defendants generally had difficulty assisting with their own defenses.
The Vera Institute developed a simple scoring system to help judges determine amounts of bail for defendants facing minor charges. Courts using the system reduced the numbers of defendants held in jails, helping save the expenses of incarceration. Many of the findings of the project were incorporated into the federal Bail Reform Act of 1966.
Bibliography
Ares, Charles E., Anne Rankin, and Herbert Sturz. “The Manhattan Bail Project: An Interim Report on the Use of Pre-Trial Parole.” New York University Law Review (January, 1963).
Shaughnessy, Edward J. Bail and Preventive Detention in New York. Washington, D.C.: University Press of America, 1982.
Singer, Richard G. Criminal Procedure II: From Bail to Jail. New York: Aspen, 2005.