SJC Exchange Library

A call for anti-racist reform around bail hearings and missed court dates.

Do "failure to appear" concerns further the goals of pretrial justice, or widen the net for pretrial detention? The term encompasses both nonappearance, which is absence from court often due to logistical issues, and willful flight, the intentional evasion of prosecution. Willful flight is a rare event, but millions of warrants are issued every year for nonappearance.

Many jurisdictions have begun programs to minimize the impact of nonappearance after the fact. The Pretrial Justice Institute's new report, Unpacking Willful Flight, takes the discussion upstream by looking at the implications of applying the legal standard of willful flight, not FTA, at initial bail determinations.

This shift would have broad implications for our field. It could mean freedom for many more people-and help to close the front door to mass incarceration.

Want to help us make this vision a reality? If your jurisdiction is interested in exploring a willful flight standard for bail determinations, we'd love to hear from you as a potential partner for a funding opportunity! Please contact wendy@pretrial.org for more information.