The challenge : evaluating indigent defense : North Carolina systems evaluation project performance measures guide - Page 43 |
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NC Office of Indigent Defense Services—July 2012
NCSEP System Performance Measures Reference Guide
Rationale: Criminal law has a presumption of pretrial release unless a client is a flight or public safety risk. Clients out on pretrial release can maintain jobs, housing, and family stability. Research has shown that clients out on pretrial release are more likely to have favorable case dispositions than clients who are incarcerated pretrial. Pretrial release allows the defendant to assist his or her attorney and increases the likelihood that case dispositions will be based on actual guilt or innocence rather than the socio-economic backgrounds of the defendants.
Performance Measures/ Indicators: % of filed bond reduction motions as a % of pretrial incarcerated clients % of filed bond reduction motions granted % of defendants incarcerated throughout the proceedings # of days incarcerated pretrial Breakdown of conditions of release, e.g., released on own recognizance, secured bond, unsecured bond, etc. Average bond amounts by type of case Failure to appear rates by type of case %of defendants represented by attorney at magistrate appearance % of defendants represented by attorney the first time they appear before a judge (in court or by remote appearance) # of defendants released due to bond reductions # and % of defendants who have bond revoked Impact of pretrial release on case outcomes % of defendants on Immigration and Customs Enforcement (ICE) holds
Goals: Best Possible Outcomes for Clients
Objective: Clients are Not Incarcerated Before Conviction (Pretrial Release) and Bond Amounts Are Justified
“The right to pretrial release is a fundamental liberty interest rooted in the notion that one is presumed innocent until proven guilty beyond a reasonable doubt.” Ray v. State, N.E.2d 1364, 1366 (Ind. Ct. App. 1997)
“For those who cannot make bail the unpleasantness of pretrial detention may be a very effective deterrent to trial.”
-Michael M. O’Hear, Plea Bargaining and Procedural Justice
-
- – Michael M. O’Hear, Plea Bargaining and Procedural Justice
35
Object Description
Description
| Title | The challenge : evaluating indigent defense : North Carolina systems evaluation project performance measures guide - Page 43 |
| Full Text | NC Office of Indigent Defense Services—July 2012 NCSEP System Performance Measures Reference Guide Rationale: Criminal law has a presumption of pretrial release unless a client is a flight or public safety risk. Clients out on pretrial release can maintain jobs, housing, and family stability. Research has shown that clients out on pretrial release are more likely to have favorable case dispositions than clients who are incarcerated pretrial. Pretrial release allows the defendant to assist his or her attorney and increases the likelihood that case dispositions will be based on actual guilt or innocence rather than the socio-economic backgrounds of the defendants. Performance Measures/ Indicators: % of filed bond reduction motions as a % of pretrial incarcerated clients % of filed bond reduction motions granted % of defendants incarcerated throughout the proceedings # of days incarcerated pretrial Breakdown of conditions of release, e.g., released on own recognizance, secured bond, unsecured bond, etc. Average bond amounts by type of case Failure to appear rates by type of case %of defendants represented by attorney at magistrate appearance % of defendants represented by attorney the first time they appear before a judge (in court or by remote appearance) # of defendants released due to bond reductions # and % of defendants who have bond revoked Impact of pretrial release on case outcomes % of defendants on Immigration and Customs Enforcement (ICE) holds Goals: Best Possible Outcomes for Clients Objective: Clients are Not Incarcerated Before Conviction (Pretrial Release) and Bond Amounts Are Justified “The right to pretrial release is a fundamental liberty interest rooted in the notion that one is presumed innocent until proven guilty beyond a reasonable doubt.” Ray v. State, N.E.2d 1364, 1366 (Ind. Ct. App. 1997) “For those who cannot make bail the unpleasantness of pretrial detention may be a very effective deterrent to trial.” -Michael M. O’Hear, Plea Bargaining and Procedural Justice - - – Michael M. O’Hear, Plea Bargaining and Procedural Justice 35 |
