chapter  15
6 Pages

Developing a Multifaceted Package

WithStuart S. Nagel

One of the first stages in criminal proceedings which seems to call for judicial reform is the stage at which a decision is made about an arrested suspect prior to his or her trial. The basic alternatives involve releasing or not releasing him prior to trial depending on two cases. First is whether he can offer a sufficient money deposit to serve as a guarantee or incentive that he will return for trial. Second is whether his characteristics are such that he is likely to return for his trial rather than risk being prosecuted as a trial jumper. The first alternative is referred to as the traditional bail bond system, and the second alternative as release on one’s own recognizance or the release on own recognizance (ROR) system. Lenient plea bargains tend to occur when the defendant is capable of paying for a defense that will greatly tie up the prosecutor’s scarce resources in motions, trial time and appeals.