How Do the Consequences of Pretrial Detention on Guilty Pleas and Carceral Sentences Vary between Misdemeanor and Felony Cases?

Abstract

Pretrial detention functions differently depending on why an individual is referred to the legal system. For those charged with misdemeanor offenses, the pretrial process is often the primary punishment, irrespective of guilt or innocence. For those charged with felonies, the primary punishment often comes from the resulting adjudicative sentence. Thus, the consequences of such detention on guilty pleas and carceral sentences could vary starkly between misdemeanors and felonies. This study draws on a unique dataset combining complete individual-level arrest and pretrial incarceration data for all adults arrested in New York City in 2016 and 2017.Using logistic regression and Cox survival models, the study identifies differential impacts of time detained pretrial on downstream consequences. Compared to people detained on felonies, people detained on misdemeanors are more likely to plead guilty, plead faster, and receive a carceral sentence. The article concludes with a discussion of policy implications of these differential pretrial justice regimes