RT Article
T1 Legally a Jailer, Practically a Carer: Release on Bail Subject to Surety Supervision
JF Canadian journal of criminology and criminal justice
VO 65
IS 4
SP 3
OP 23
A1 Myers, Nicole Marie
A2 McDermott, Joseph Peter 1945-
LA English
YR 2023
UL https://krimdok.uni-tuebingen.de/Record/1892414031
AB The pre-trial release decision involves an assessment of the risk the accused poses to the community and the administration of justice if they are released pending trial. To ameliorate risk and provide some insurance, a surety - a family member or friend who agrees to supervise the accused and promises a sum of money if the accused fails to appear in court, commits further offences, or breaches a condition of their release - may be required. Sureties are required to act as "jailers in the community," conceptualized as a mechanism for reducing risk and enhancing public safety by providing supervision and improving the likelihood that the accused will comply with conditions. While the court imposes a legal relationship of monitoring and control between the accused and their surety, this expectation is confounded by tension between acting as someone’s jailer and providing care in the context of a close personal relationship. Through 32 interviews with sureties in Ontario, we explore the tensions and contradictions in the ways the legal relationship imposed by the court is experienced in practice, revealing a lack of formal support, a sense of powerlessness to exert authority over the accused, and a flexibility in enforcement that raises questions about surety effectiveness as a risk management strategy.
K1 bail supervision
K1 caution
K1 défaut de se conformer
K1 détention provisoire
K1 failure to comply
K1 geôlier dans la collectivité
K1 jailer in the community
K1 pre-trial detention
K1 Risk
K1 Risque
K1 surety
K1 Surveillance
K1 surveillance de la caution
DO 10.3138/cjccj-2023-0038