Bail and Pretrial Release Decisions

Abstract

The racial threat perspective is tested using data from empirical studies of bail and pretrial release. Of the thirty empirical studies investigating race and bail/pretrial release, eighteen identified specific cities and counties, thereby permitting an examination of the effect of racial composition on the race and bail/pretrial release nexus. Results suggest a possible modification of the racial threat perspective as typically conceptualized. Other factors affecting this relationship are briefly discussed.     

A comparison of bail amounts for hispanics, whites, and african americans: A single county analysis

Using 1996 data on defendants accused of felony offenses derived from a district court in a Midwestern jurisdiction, the authors employ bivariate and multivariate analyses to examine for significant differences between Hispanics and other racial and ethnic groups in the dependent variable, bail amount set by judge. To predict differences in the bail amount set by judges for Hispanic and other defendants, the multiple regression controls for two independent “legal” variables, prior arrest and seriousness of the instant offense, and for the “extra-legal” variables of age, gender, type of attorney, residency, and race. Our research shows that Hispanics receive higher bail amounts than White or African Americans; leading the authors to cast doubt on the tenets of “legal theory” which has gained attention as a model for explaining why members of racial or ethnic minorities receive harsher treatment at various stages of the criminal and juvenile justice system.     

Aggressive behavior among female inmates: An exploratory study

Over the past decade the issue of inmate violence and victimization in institutions for adult males has dominated the field of penology. Despite evidence of violence and degradation in institutions for women, empirical research documenting this phenomenon is scarce. Using data gathered from the Minnesota correctional facility for adult female felons, this study looks at the extent of agressive behavior among female inmates and examines some of the factors that may be associated significantly with aggressive acts. Race, age, childhood family structure, offense of conviction, time served on present and past offense(s), race relations, and current drug use are examined in light of the prior research on prison violence. The data reveal that both race and childhood family structure are associated significantly with female inmate aggression. The implications of these findings for future research are discussed.     

Conditional Race Disparities in Criminal Sentencing: A Test of the Liberation Hypothesis From a Non-Guidelines State

Objectives

To test the liberation hypothesis in a judicial context unconstrained by sentencing guidelines.

Methods

We examined cross-sectional sentencing data (n = 17,671) using a hurdle count model, which combines a binary (logistic regression) model to predict zero counts and a zero-truncated negative binomial model to predict positive counts. We also conducted a series of Monte Carlo simulations to demonstrate that the hurdle count model provides unbiased estimates of our sentencing data and outperforms alternative approaches.

Results

For the liberation hypothesis, results of the interaction terms for race x offense severity and race x criminal history varied by decision type. For the in/out decision, criminal history moderated the effects of race: among offenders with less extensive criminal histories blacks were more likely to be incarcerated; among offenders with higher criminal histories this race effect disappeared. The race x offense severity interaction was not significant for the in/out decision. For the sentence length decision, offense severity moderated the effects of race: among offenders convicted of less serious crimes blacks received longer sentences than whites; among offenders convicted of crimes falling in the most serious offense categories the race effect became non-significant for Felony D offenses and transitioned to a relative reduction for blacks for the most serious Felony A, B, and C categories. The race x criminal history interaction was not significant for the length decision.

Conclusions

There is some support for the liberation hypothesis in this test from a non-guidelines jurisdiction. The findings suggest, however, that the decision to incarcerate and the sentence length decision may employ different processes in which the interactions between race and seriousness measures vary.

     

A Comparison of Female and Male Probationers

Abstract

A majority of women convicted of crimes are sentenced to probation. Although proportionately more women than men receive probation, little is known about female probationers. The current study is one of the few to compare the backgrounds and case outcomes of women probationers with those of men. Statewide probation discharge data were used to examine differences between male and female probationers on their individual characteristics, offense and sentencing variables, and case outcomes and to explore the effect of gender on case outcomes. A number of gender differences were identified across the probationer, sentencing and case outcome variables examined. In addition, gender had a statistically significant influence on both new arrests and technical violations, after controlling for other variables such as age, race, income, prior involvement in the criminal justice system, conviction offense and sentence length.     

From Bail to Jail: The Effect of Jail Capacity on Bail Decisions

One of the more important decisions made by judges in the criminal justice system is the bail decision. Factors that judges take into consideration when making a bail decision, such as seriousness of the offense, flight risk, and public safety, are typically seen by researchers as the primary determinants of such a decision. However, one aspect that researchers have not studied extensively—rated jail capacity – could play an important role in a judge’s decision. Overcrowding in jails leads to numerous problems, both for the offender and the system itself, so judges may be more willing to release offenders into the community during the pretrial period if the local jails are overcrowded. The current study examines the effect of rated jail capacity on decisions regarding bail amounts, release on recognizance (ROR), financial release, and conditional release in eight Florida counties. Results indicate that rated jail capacity plays a role in judges’ bail decisions, suggesting that judges are concerned about housing more pretrial offenders in crowded jails.     

The effect of race and gender on bail outcomes: A test of an interactive model

This paper responds to suggestions that researchers interested in the relationship between defendant race, defendant gender, and criminal justice outcomes broaden their focus to include pretrial decision making. We used data on defendants charged with violent felonies in Detroit Recorder’s Court to analyze the effect of race and gender on the amount of bail imposed by the judge and on the defendant’s pretrial status. We found that judges take gender, but not race, into account in determining the amount of bail for certain types of cases; more specifically, Black females faced lower bail than Black males in less serious cases. In contrast, we found that both race and gender affected the likelihood of pretrial release. White defendants were more likely than black defendants to be released pending trial and females were more likely than males to be released prior to trial. In fact, white females, white males, and black females all were more likely than black males to be released. An earlier version of this mansucript was presented at the annual meeting of the American Society of Criminology, Phoenix, AZ, October, 1993.     

Rearrest probabilities for the 1984–1993 apprehended Western Australian population: A survival analysis

A large population of all persons arrested by police in Western Australia for the first time between April 1, 1984, and June 30, 1993 (n=146,038), were followed up to determine if they have ever been rearrested. Probabilities of rearrest were estimated at 0.52 for male non-Aborigines, 0.36 for female non-Aborigines, 0.88 for male Aborigines, and 0.85 for female Aborigines. Significant variations in the probability of rearrest and/or time to rearrest for different age groups, number of times arrested, occupational status, offense group, place of birth, and bail status were observed. Covariate analysis (Maller, 1993) of non-Aboriginals (n=51,302) found with the offense of driving under the influence (DUI) was also undertaken to test the significance of differences in probabilities of rearrest for subgroups. Probabilities of rearrest were 0.47 forany offense and 0.31 for arepeat DUI for males and 0.34 forany offense and 0.20 for arepeat DUI for females. The results are discussed in the light of estimates of reimprisonment and the utility of offender risk assessment.     

The Effects of Legal and Extralegal Factors on Detention Decisions in US District Courts

The Bail Reform Act of 1984 changed the law dictating release and detention decisions in federal court. Since its passage, few studies have examined judicial decision-making in this context. Legal research enables us to account for the structure and interpretation of federal detention laws and to analyze previously neglected measures of legal factors in our analyses. We use US Sentencing Commission data on a sample of defendants who were sentenced in 2007 (N?=?31,043). We find that legal factors—particularly length of criminal history, having committed a violent or otherwise serious offense, and having committed the offense while under supervision of the criminal justice system—have the strongest relationships with the presentence detention outcome. A defendant’s age, race, and ethnicity have weaker relationships with detention. When we compare defendants who are similarly situated with respect to legal factors, the probability of detention is similar regardless of age, race, and ethnicity.     

The effectiveness of felony probation: Results from an eastern state

Data from New Jersey were used to examine the effectiveness of felony probation. Examination of more than 2,000 burglars, robbers, and controlled substance offenders placed on probation in 1976–1977 showed that their recidivism at three, four, and approximately 10 years after sentencing ranged from approximately one-third to more than half arrested and about 10 percent imprisoned. Prior convictions, type of offense, age, race, the Greenwood prediction device, use of heroin, and employment were statistically significant correlates of recidivism. The major conclusion is that probation is an acceptable sentencing alternative for some felony offenders in some states but that recidivism rates can be alarmingly high for particular categories of offenders. In addition, probation officials should devote some attention to the needs of probationers in such problem areas as employment and drug abuse.     

Criminal justice decision making as a stratification process: The role of race and stratification resources in pretrial release

Our purpose is to bridge the criminal justice and stratification research literatures and to pursue the argument that homologous structural principles stratify allocation processes across central institutions of American society. The principle observed here in the making of bail decisions, as in earlier studies of the allocation of earnings, is that stratification resources operate to the greater advantage of whites than blacks. The operation of this principle is established through the estimation of covariance structure models of pretrial release decisions affecting 5660 defendants in 10 federal courts. Education and income are treated in this study as observed components of a composite construct, stratification resources, which works to the greater advantage of whites. Prior record is also found to operate to the greater advantage of whites. Two further variables, dangerousness and community ties, increase bail severity among blacks and whites. While the effect of community ties has been legally legitimized since the Bail Reform Act of 1966, the effect of dangerousness was not so legitimized until the Bail Reform Act of 1984. However, because our data precede the latter act, they confirm that this act simply reinstitutionalized earlier practice. Meanwhile, our race-specific findings may explain why although this and earlier studies find negligible main effects of race on criminal justice outcomes, black Americans nonetheless perceive more criminal injustice than do whites. In the criminal justice system, as in other spheres of American society, whites receive a better return on their resources, but our findings that the statutory severity of the offense and dangerousness work to the relative disadvantage of white defendants challenges conflict and labeling theory's one-dimensional characterization of black defendant disadvantage.     

Decision Making in Delinquency Cases: The Role of Race and Juveniles' Admission/Denial of the Crime

Investigated how accused delinquents' admission/denial of their crimes affected adjudication and disposition decisions. An archival analysis of 2,043 adjudication decisions in 16 Georgia counties found that juveniles who admitted committing their crimes were treated more severely than juveniles who denied committing their crimes. Whites were more likely than Blacks to admit committing the crime, and, after controlling for this and other legal factors, race did not have a significant effect. In the second study, 67 judges, 53 probation officers, and 126 court service workers made adjudication and disposition decisions about three juveniles in an experimental simulation in which race of juvenile, length of prior record, and the juvenile's reaction to the crime (admitting or denying it) were systematically manipulated. Consistent with the archival study, juveniles who admitted committing their offense were treated more severely than juveniles who denied committing their offense. Possible reasons are discussed for why admitting a crime leads to more punishment.     

Bail decision making and pretrial detention

Bail practices became the target of reform efforts during the 1960's and 1970's not only because of issues concerning economic bias against indigent defendants but also because of criticism of the bail decision itself. Questions were raised about the appropriate uses of bail (e.g., to prevent flight or pretrial crime, or to inflict pretrial punishment), the rationality of the criteria relied on by judges in deciding bail, and the discretionary allocation of pretrial detention through high cash bail. In this article, case law and statutes governing bail practices in the United States are reviewed first to characterize the ambiguous legal framework from within which bail judges must operate. Then bail decisions in a large urban jurisdiction are analyzed as a case study to discover the factors most influential in determining pretrial release options. It is inferred that, even after years of reform, community-ties measures do not play a major role in the bail decision or the determination of pretrial custody; rather, the nature of the charged offense appears most influential. A finding of special significance is that a large proportion of these decisions could not be explained systematically (i.e., a large share of variance remained unexplained). The article concludes by suggesting a guidelines approach to bail that could narrow disparity in bail options and the use of detention, enhance the rationality of the decision process and contribute to more equitable pretrial practices.Revised version of a paper presented at the annual meeting of the American Psychological Association, Toronto, August, 1978. This research was supported, in part, by a grant from the Statistics Division of the Law Enforcement Assistance Administration to the Criminal Justice Research Center. Points of view or opinions stated are those of the authors and do not necessarily represent the official position of policies of the U.S. Department of Justice.     

Deterrent effects of police raids on crack houses: A randomized,controlled experiment

We tested the block-level deterrent effects on crime of uniformed police raids of crack houses. Court-authorized raids were legally possible on 207 blocks with at least five calls for police service in the preceding 30 days. Raids were assigned randomly to 104 locations and were conducted at 98 of those sites; the other 109 were left alone. Experimental blocks, in relation to controls, showed reductions in both calls for service and offense reports, but effects were quite small and decayed in two weeks. Raids in which arrests were made (23 of 104 assigned) had no consistently different impact from raids in which no arrests were made. Raids had more effect on calls for service in the winter than in the spring, but we found little seasonal or period difference in effects of raids on offense reports. Alternative police methods may be far more cost-effective than raids in “harm reduction” for crack houses.     

The Economics of Bail Setting and Social Welfare

In most jurisdictions, there is a statutory preference for releasing on bail an accused in custody that has not yet been convicted unless the accused is charged with very serious offence like homicide. Nonetheless, the courts are vested with the powers to decide on the quantum of bail or to even refuse bail outright. To induce the defendant to surrender for trial [Lim, B.-T., & Quah, E. (1998). Economics of bail setting. Bulletin of Economic Research, 257–264] demonstrate that the bail quantum should be based on the expected cost of punishment and the probability of re-arrest if the defendant jumps bail. However, there are costs to society if the defendant absconds, which include, inter alia, the cost of re-arresting the defendant. In this paper, we derive the optimal bail quantum on the assumption that the probability of re-arrest and the penalty for absconding are chosen by the courts whose objective function is to minimize the sum of the expected harm to society and the net costs to law enforcement if the defendant jumps bail. The cost and benefit of being released on bail are examined. A model is proposed which may be useful to the court officials in bail setting as an effective means to secure the defendant's attendance at trial as well as to achieve social equity.     

The Conditioning Effects of Race and Gender on the Juvenile Court Outcomes of Delinquent and “Neglected” Types of Offenders

Drawing upon concepts from prior research that emphasize race and gender stereotyping, the present research compares how delinquent and “neglected” types of offenses (i.e. status offenses, probation violations, youth charged with contempt) are treated across three juvenile court outcomes. Beyond how offense type may directly impact case outcomes, we also investigated whether race and gender influenced juvenile justice processing within each offense type. Using data from two Mid-Atlantic States, results indicated that type of offense, race, and gender resulted in both severe and lenient case outcomes depending on the stage examined. By including different types of offenses that represent a significant percentage of youth that have been relatively neglected in prior research, the current study provides greater insight into the contexts of race and gender disparities in juvenile justice decision-making. The implications of the findings and directions for future research are also discussed.     

PRETRIAL RELEASE AND BAIL DECISIONS

This study examines the relative effects of a number of legal and extralegal factors on (1) the decision to release on recognizance and (2) the decision on amount of money bail. Social science research on these issues has been sparse compared to that on other phases of the criminal justice process. Findings from a regression analysis show that the first step of the bond disposition process, the recognizance decision, is influenced by several factors. The demeanor of defendants in open court is the most important. Net of other influences, good demeanor increases the probability of release on recognizance by 34.8%. In cases where recognizance is denied, only two variables are related significantly to the amount of money bond. Net of other influences, a felony offense (as opposed to a misdemeanor) increases predicted bail by $2300, and poor demeanor increases the predicted bail required by $1600.     

Distinguishing Race Effects on Pre-Trial Release and Sentencing Decisions

Racial disparities in court dispositions and sentences might reflect systemic biases toward minorities, but they might also stem from race group differences in legal or other extra-legal factors linked to a defendant’s risk for future criminality. Analyses of over 5,000 felony defendants from an urban Ohio jurisdiction revealed that significant main effects of a defendant’s race on release on one’s own recognizance (ROR), bond amounts, and prison sentences were rendered nonsignificant when controlling for legal factors, such as offense severity. Analyses of interaction effects, on the other hand, revealed that African American males age 18–29 experienced lower odds of ROR, higher bond amounts, and higher odds of incarceration in prison relative to other demographic subgroups, even with the inclusion of rigorous controls for legally relevant criteria. The relevance of these findings for understanding disparate treatment at different stages of case processing is discussed.