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This is a paper one of my guys wrote up for a midterm.
I thought I would share.
Bounty Hunters: Combating the Stigma
Max Ingram
Metropolitan State University
Author Note
Bounty Hunters: Combating the Stigma
Ever since the court system of the United States of America allowed offenders to be bailed out of jail while awaiting trial, the Fugitive Recovery Agent(s) (FRA’s) has been hunting those that flee after they post bail. Numerous academic and criminal justice professionals believe that these private agents play a crucial role in the overall system and very few revisions have been made to restrict them. No matter the evidence presented, bounty hunters suffer harmful stigmas, which create tension and misconstrue the nature of fugitive recovery as a profession. This raises two significant questions: What exactly are these stigmas, and how did they come to fruition? The focus of this paper will be providing a history of the bonds industry in order to combat stigmas, and to highlight what these specific stigmas are. Furthermore, identifying an accurate picture of the bounty hunter and determining if they play a critical role in the criminal justice system will be pertinent aspects of the research. Bounty hunters are an effective resource in the apprehension of fugitives, and it is illogical to stigmatize the profession based on overly dramatized Hollywood material.
Review of Literature
Mainstream media and certain law enforcement agencies would have the general public believe that bounty hunters are all lawless entities who resemble Dog the Bounty Hunter. This notion contributes to a stigma that not only hinders the community, but also the criminal justice system as a whole. In order to better understand the role of the bounty hunter, one must first examine the history of the job.
History of Pretrial Release
The American Bar Association (ABA) (2015) provides a summary of the pretrial release system and includes reasons why it is an imperative aspect of the criminal justice system. The ABA notes that pretrial releases are present in the judicial system for many reasons, but the most important of which is to preserve due process (p. 1). In the American judicial system, a defendant is innocent until proven guilty. If all defendants were subjected to detention, this could have severely debilitating consequences for the criminal justice system. Moreover, the ABA states that the defendant ought to be free from pretrial detention to avoid the harsh realities of jail, be in a position to prepare for trial, and also so they may continue to provide for their families (p. 1). It is important to note that certain defendants are not eligible for pretrial release. This can occur if the judicial officer surmises that they pose a risk to their community or have the means to flee and fail to appear in court (ABA, p. 1).
According to Johnson and Stevens (2013), surety bonds are an absolutely crucial component of the criminal justice system (p. 191). Surety bonds differ from other methods of pretrial release in the sense that there is a financial agreement between the courts, the defendant, and a private third party. Johnson and Stevens (2013) note that this process has distinctive qualities; especially because the defendant is bailed out through a third party who guarantees the defendant (or principle) will appear in court (p. 191).
As mentioned before, there are numerous forms of bonds in the criminal justice system. Jones (2013) from the Pretrial Justice Institute conducted an expansive study that sought to examine the effectiveness of different bond options. In his study, Jones argues that secured and unsecured bonds have the same rate of success in two key areas (p. 3). These key areas were ensuring court appearances and guaranteeing public safety (Jones, p. 3). This is a relevant aspect of the argument in light of the fact that there are groups who believe that all defendants should be release on their on recognizance.
Holding that surety bonds will continue to be a cornerstone in the criminal justice system, an examination of the effectiveness of that process is in order. This will also serve as a way to combat the stigma against bounty hunting present in today’s society. In this section of the research, an analysis of data regarding the aforementioned as well as research on methodologies will be discussed.
The Bounty Hunter
An area that could possibly contribute to the stigmatization of FRA’s is the sheer lack of general knowledge by the public. It is pertinent to note that scholars Burns, Kinkade, Leone (2005), explain that the proper name for a bounty hunter is a Fugitive Recovery Agent, or Bail Enforcement Agent (p. 118). Burns and his team saw a lack of public knowledge regarding FRA’s, but they also saw beyond the lawless stigma held by the misinformed public. These researchers conducted a survey that attempted to gain information on the modern day FRA. They accomplished this by sending out surveys to known FRA’s and bond companies. It is imperative to include that the researchers knew their review of literature would prove difficult, as there are not many academic sources about fugitive recovery work. Their results did, however, shed light on a misunderstood community that has likewise suffered a grossly inaccurate portrayal in the media (Burns et al., p.118).
The entire goal of their survey was to get a better idea of the bounty hunter in the eyes of, well, the bounty hunter. The average age of those surveyed averaged 51 years (Burns et al., 2005, p. 126). Furthermore, well over half reported having some college experience or prior law enforcement experience (Burns et al., p.126). These findings are significant to the research for they shed light on the true nature of the FRA. The information does not account for every agent, but it does contradict the images portrayed in the media.
A simple investigation into the way in which the bounty hunter is portrayed in the media serves as sufficient evidence to the stereotype presently held by the western world. Burns et al., (2005) discovered that certain media outlets reported that bounty hunters were maverick outlaws who operated on the outskirts of the justice system (p. 118). These views were founded based on a lack of knowledge of the field, but also by TV shows, movies, and major publications in magazines. Burns et al cited numerous personal interviews with well-known agents, and they commented on these stigmas. Burns et al interviewed the most successful FRA and he said that the bounty hunter community is branded as “outlaw” in the eyes of the world (p. 119). These stigmas harm the community of bounty hunters in more ways than their pride. The stigma that they are lawless, or otherwise should not be trusted, makes their jobs all the more difficult. This is problematic because, according to one agent interviewed by burns et al, the job can be “extremely dangerous for both the defendant and the bounty hunter” (p. 122). In short, FRA’s already have a difficult task ahead of them, and a less than positive public image does not do them any favors. The depiction of these agents as mavericks contributes to the stigmas, but is there any merit to the claims?
During the course of the survey and consequential interviews conducted by Burns et al., (2005), one well known agent commented that the stigma can be fueled by other bounty hunters. In a later interview, Burns et al. discovered that one of the FRA’s interviewed actually enjoys the lawless and unprofessional title (p. 119). This proves to be extremely pertinent to their research because it alleviates some, but not all, of the blame from the media and Hollywood (Burns et al, p. 119). The interviews held by Burns et al. provide a series of varying responses, which is why a personal interview was warranted for this research paper.
A Minnesota Fugitive Recovery Agent, who, for the sake of his safety will be called Kenny, agreed to do a brief interview in order to shed light on a dark subject. Kenny has been apprehending fugitives in the state of Minnesota for several years (Kenny, personal communication, April 20, 2015). Kenny was a law enforcement officer in New York for 2 years, and a 10th Mountain Special Forces Operator for 4 years prior to that (Kenny, personal communication, April 20, 2015). A glance at Kenny, without talking to him, would lead anyone to believe he needs a shower and a new set of razor blades for his unruly beard. Kenny (2015) said, “the look I have adopted, it is a real life saver”. Kenny needs to blend in to whatever community he is working in, most of which are either rural or urban low-income areas. Kenny would like to adopt a more clean-cut look, but doing so may jeopardize his ability to blend in. Furthermore, Kenny says, “You definitely do not want to look like a cop, man. Most people do not trust the police, and I need these people to trust me” (Kenny, personal communication, April 20, 2015). The softly spoken bounty hunter agrees that the stigma held against him and his counterparts can be attributed to their appearance, but it mostly stems from a general lack of knowledge of their job and affairs (Kenny, personal communication, April 20, 2015).
As the interview proceeded, Kenny discussed his personal reasons for being a FRA (Kenny, personal communication, April 20, 2015). According to Kenny, he does enjoy the lucrative financial benefits, but he also feels as though he is doing a justice to the criminal justice system as well as the state of Minnesota as a whole (Kenny, personal communication, April 20, 2015). This justice, although mostly unseen by the general public, proves to be one that could seriously reduce the stigma against these men and women.
A Necessary Bond
The relationship between the public criminal justice system and the private law enforcement community has been an area of significant academic research (Burns et al., 2005, p. 120). The biggest conclusion drawn from Burns et al. was that further research ought to be done regarding the bounty hunting profession (p. 119). There has been significant research on the efficacy of surety bonds versus cash or recognizance bonds, though. According to Helland and Tabarrok (2004), FRA’s are much more proficient at apprehending fugitives and enforcing bail than local police (p. 118). This is relevant due to the fact that it combats the stigma against bounty hunters. More specifically, that stigma is that they are unprofessional and are not as effective as public law enforcement when it comes to the fugitive apprehension aspect of the criminal justice system.
Police workloads are growing year by year, and an increase in the bail enforcement industry could lighten this load (Burns et al., 2005, p.118). Researches Helland and Tabarrok (2004) suggested that this increasing workload could be the reason why private bail agencies and their bounty hunters have more success at guaranteeing defendants will appear for trial, but also at apprehending those who fail to appear (FTA) (p. 118). Research has concluded that these private entities are more effective, but just how effective are they?
According to Helland and Tabarrok (2004), those released on surety bonds have a 28 percent reduction in the risk of failing to appear for trial compared to those released on government or cash bonds (p. 118). There are numerous reasons why this is the case, but the primary is that surety bonds place the defendant and their cosigner under strict liability. Furthermore, the defendant and cosigner issue the bonds company power of attorney over their assets. Simply stated, this means that if the defendant skips bail, the bonds company can seize their assets if the bounty hunter cannot capture the fugitive (Helland & Tabarrok, 2004).
One shocking discovery of the research conducted by Helland and Tabarrok (2004) was “up to one-quarter of all released felony defendants fail to appear at trial” (p. 93). In finite numbers, 200,000 felony defendants do not show up for their trial date each year (Helland & Tabarrok, 2004, p. 93). Bearing in mind that this number includes those released on surety as well as government or cash bonds, one can quickly see how important private bail enforcement agents are to the criminal justice system.
Analyzing the success rates between private and public law enforcement, Helland and Tabarrok (2004) discovered that defendants released on surety bonds are 54 percent less likely to abscond for one year compared to those released on other bond methods (p. 118). Keeping that the United States criminal justice system will continue to operate under the notion that the defendant is innocent until proven guilty, the private bonds industry will continue to play a critical role in the system. Furthermore, with such incredibly high rates of FTA throughout the country alongside the equally high rates of recapture by bail enforcement agents, one can definitively conclude that these private agents also play an indispensible role in the criminal justice system.
The stigma against these bounty hunters circulates around a pool of misinformation and ignorance of statistics. Helland and Tabarrok (2004) counter this stigma by providing empirical evidence to the contrary of the public stigma. Hollywood portrays these agents as lawless, simply based on their appearance. Through academic research as well as a personal interview, one can conclude that looks can be deceiving. Furthermore, the looks that have been stigmatized may actually play a role in the success of these men and women (Kenny, personal communication, April 20, 2015).
Conclusion
Bounty hunters have suffered in the eyes of the public. These stigmas stem from a world of ignorance and misinformation. Although the modern day bail enforcement agent plays a role in these stigmas, improving the public perception of these professionals must start by a better understanding of their work. Citing the example of the TV show “Cops” can serve as a parallel to this theory.
In this show, Policemen and women are seen going from call to call with little downtime or inaction involved. Although members of larger precincts may experience higher call volume, it is by no means an accurate portrayal of everyday law enforcement. Furthermore, these cops are seen running, fighting, and engaging in high-speed chases throughout each episode. This creates an inaccurate perception of the job, and bounty hunters have suffered the same stigmatization.
Combating this stigma must start with an improved public knowledge. It must then be followed up with better organization, management, and licensing of active FRA’s. This will aid in many ways, but the most important will be improved public safety and relations between public and private law enforcement.
The expansive research conducted by Burns et al., (2005) concludes, “bail agents and bounty hunters are recognized by many as providing an invaluable service to the criminal justice system” (p. 123). Stigmatizing them will only disrupt their much-needed services, and it will also prevent their growth as an entity. Research has adequately displayed their effectiveness in apprehending sometimes-dangerous fugitives. It is now in the hands of the media and Hollywood to enact a more accurate portrayal of their work.
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"Cage"
Recovery Agent
Bail License #40313820
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