Release on Recognizance: an empirical and legal analysis

Abstract

This project examines release on recognizance (ROR) as an alternative to money bail. ROR is the pretrial release of an accused on his promise to appear in court. Money bail is the release of an accused upon the deposit of a sum of money with the court. Bail reformers claim that money bail discriminates against the poor because the financial resources of a defendant determine whether he remains in jailor is released prior to his trial. ROR is an alternative to money bail offered by these bail reformers because it does not base pretrial release upon wealth. The study of bail policy in this paper focuses on the proper role for ROR in American criminal justice. First, the empirical and legal guidelines for bail policy are reviewed to develop a normative release range for ROR. Then, the bail decisions in the Memphis-Shelby County Criminal Justice System are studied to examine the status of ROR. The use of HOR in Memphis-Shelby County is evaluated in the context of the role for ROR established in the empirical and legal framework. An explanation of the differences between Memphis-Shelby County bail policy and the framework is made to indicate areas for future reform. The suggestions for reform are based on the role for ROR proposed by the framework.