Exploring variation in factors associated with increased likelihood of pretrial detention

Cadoff, Becca; Chauhan, Preeti

doi:10.1016/j.jcrimjus.2021.101799

Cited by 2 publications

(3 citation statements)

References 46 publications

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“…Pretrial detention in the United States has contributed to massive increases in the size of our jail population (Menefee, 2018;Stephen, 1984;Zeng & Minton, 2021), and current practices have been shown to contribute to a cascade of negative criminal legal, social, and economic outcomes for defendants (e.g., Dobbie et al, 2018;Heaton et al, 2017;Wakefield & Andersen, 2020). Further, and as has been documented across other legal system phases, these early-stage decisions have disproportionately disadvantaged Black and Latino individuals (e.g., Cadoff et al, 2021;Demuth, 2003;Freiburger et al, 2010;Wooldredge, 2012). A recent wave of reform efforts has signaled the growing support for changes to pretrial policy and practice that increase release rates and address racial and ethnic disparities in detention.…”

Section: Discussionmentioning

confidence: 99%

Pretrial risk assessment instruments in practice: The role of judicial discretion in pretrial reform

Copp

Casey

Blomberg

et al. 2022

Criminology & Public Policy

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We explored the extent to which the implementation of a pretrial risk assessment instrument (PRAI) corresponded to changes in the pretrial processing of defendants using multiple administrative data sources from a large county in the southeastern United States. Our findings revealed little evidence of reductions in detention lengths or increases in the use of nonfinancial forms of release following the tool's adoption. This was largely attributable to the exercise of judicial discretion, as judges frequently departed from the tool's recommendation using alternatives that were more punitive and often included financial conditionsparticularly for Black and Latino defendants. Furthermore, the exercise of discretion was linked to increased rates of pretrial failure. Policy Implications: PRAIs were adopted on a massive scale with the understanding that they are evidencebased and geared toward efficiently and equitably reducing pretrial populations; however, we are lacking the evaluative work to determine their impacts. Our findings suggest that PRAIs may not only undermine reform efforts, but may worsen disparities, if communities fail to complete the up-front work of discussing their expectations for pretrial decision making, including the

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Section: Discussionmentioning

confidence: 99%

Pretrial risk assessment instruments in practice: The role of judicial discretion in pretrial reform

Copp

Casey

Blomberg

et al. 2022

Criminology & Public Policy

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“…The implementation of notification systems that remind defendants of their court dates can also help to increase court appearance rates, which may disproportionately affect people of color by helping them avoid being perceived as “flight risks” in subsequent law enforcement interactions (Fradella & Purdon, 2021). At the state level, laws may be reformed to create a presumption of citation rather than arrest for low-level offenses, establish conditions for mandatory citations, and compel greater justification for arrests (Cadoff et al, 2023). These policies, in addition to better tracking and analysis of citation issuance across the country moving forward, may help scale back misdemeanor arrests in an equitable manner.…”

Section: Discussionmentioning

confidence: 99%

“…Some recent state legislative efforts have aimed to expand citation usage: New York made citations mandatory in most misdemeanors and some less serious felonies in 2020, while Michigan significantly expanded citation eligibility criteria to include more serious misdemeanors in 2021. These efforts may be the beginning of a movement that further increases citation rates across the country (Cadoff et al, 2023).…”

Section: Citation In Lieu Of Arrestmentioning

confidence: 99%

The Association Between Misdemeanor Citation and Jail Placement

Dunlea

2023

Criminal Justice and Behavior

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Jail population sizes are determined largely by decision-making in the courtroom. The current study recognizes the police officer’s influence in the courtroom and explores the impact of police officer decision-making on subsequent jail outcomes. Using administrative data on misdemeanor convictions processed in a mid-sized urban prosecutor’s office in Florida, I examine the relationship between discretionary citations in lieu of arrest, pretrial detention stays, and jail sentences. Results show that citations are not used frequently, but they are associated with lower rates of both detention and jail sentences. These findings are evidence of a custodial inertia, where defendants who begin their cases in jail are progressively more likely to be there during and after case processing. This points to a potential role for citations in lieu of arrest as a tool to help reduce jail overcrowding.

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Exploring variation in factors associated with increased likelihood of pretrial detention

Cited by 2 publications

References 46 publications

Pretrial risk assessment instruments in practice: The role of judicial discretion in pretrial reform

Pretrial risk assessment instruments in practice: The role of judicial discretion in pretrial reform

The Association Between Misdemeanor Citation and Jail Placement

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