Evening star., 1963-05-08
Plan to Drop Bond
For Accused Due
Judicial Group
Urging Move
For Good Risks
BY JACK LANDAU
Star Staff Writer

DAoIi iSJ JuulCldl administration
is expected to urge tomorrow
establishment Of an experiment
tai program to free without bail
accused felons who appear to
be good risks.
The proposal will be con-
tained in a resolution to be
considered by the Judicial Con-
ference of the District of Co.
lumbia Circuit. The experiment
eventually would free all felony
defendants regardless of finan-
cial status if they appear to be
unlikely to flee and if the pilot
program is successful.
The present system, under
which many of the INDECENT are
jailed and the financially-able
can buy their way out on bond.
has been criticized by the con-
ference's Committee on Bail
and by a committe of the Junior
Bar Section of the District Bar
Association.
The Junior Bar Section COM
mittee's 49-page report is the
result OF more than 700 volun-
teer hours of research and
writing 1t was supervised by
James Belson, a young lawyer
with the firm of Hogan and
Harrison.
Judge John A. Danaher of
the United States Court of Ap-
peals heads the conferences
Committee on Bail. Both COM
mlttee reports are to be made
public at the annual confer
ence meeting tomorrow at the
Mayflower Hotel.
Put at 300 Persons
The Junior Bar report esti-
mated that the pilot plan. if
successful, would free about
SUI persons year who other
wise would stay in Jail until
their trials.
The report said further that
about two-thirds of those ara
rested cannot obtain bail bondi
about 900 out of 1850 in
dicted for felonies last year.
Those who could not get
bond waited an average Of 81
days in Jail for disposition of
their cases. the report noted.
Under the plan the majority
OF some $50 persons a year
who at present do obtain bail
bonds as good risks also would
be freed without cost of a
bond.
Court Would Decide
In sweeping away the pres
ent standards of financial abil-
lty to pay the bondsman, the
plan would give the courts the
original determination of who
should go free and who should
remain in jail.
That determination now is
made by the professional
bondsman, whose first condi-
ton generally is the ability to
pay the bond premium.
Bail bondsmen's premiums
set by law, are So for each
SlO0 up to $1,000 and IS per
$l00 for anything over $1,000.
The bondsman gets the fee and
becomes liable to the court for
the total bond if the defendant
does net appear.
The Junior Bar report stated
that the fear Of losing the
posted bond is of little conse-
quence in an arrested mans
behavior If he decides to flee.
Besides. the report added, the
oondsman, not the defendant.
is liable for the money.
Reliable Tests
The report said studies have
confirmed that the most re-
liable indications of whether a
defendant will show LID for
court are his community ties
and personal character.
A detailed Investigation of
the defendants background
family ties. job. criminal record,
religious affiliations-was ad-
vocated in the report.
A judge, using a report on
the investigation, would con-
slider the seriousness OF the
crime and determine whether
the defendant appeared TO be a
good risk. The report said the
investigation could be done at
small cost by law students.
Reports by the Junior BaS
Committee and the conferences
Committee on Bail both cited
successful bail-bond expert
ments in other parts of the
country.
Better Defense
The Junior Bar report COM
mented that freedom helps a
defendant better prepare his
defense.
The experimental program
would have TO be set up by the
United States District Court,
the United States Commission
er and the District Court OF
General Sessions. All three
set bail.
The amount of bail present.
ly is suggested by the United
States Attorneys office and,
generally. is followed closely by
the courts, the report said.