University of Pretrial Library

Defining Flight Risk - Goldin 2018 

01-14-2020 14:02

In this 2018 law review article, Professor Lauryn Goldin argues failure to appear in court requires a more nuanced examination. "That single category muddies critical distinctions that this Article’s new taxonomy of pretrial nonappearance risks clarifies. This taxonomy (i) isolates true flight risk (the risk that a defendant will flee the jurisdiction) from other forms of “local” nonappearance risk and (ii) distinguishes between local nonappearance risks based on persistence, willfulness, amenability to intervention, and cost. 

Upon examination, it is clear that flight and nonappearance are not simply interchangeable names for the same concept, nor are they merely different degrees of the same type of risk. In the context of measuring and managing risks, many defendants who merely fail to appear differ in important ways from their fugitive cousins."

85 U.Chicago L.R. 677 (2018)

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