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

Reitler, Angela K.; Sullivan, Christopher J.; Frank, James

doi:10.1080/07418825.2012.668925

Cited by 27 publications

(34 citation statements)

References 41 publications

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“…Applied in the context of criminal case processing, less desirable dispositions at earlier decision points in a court system (pretrial detention) could increase the likelihood of less desirable outcomes at later decision points (conviction and imprisonment). Sutton (: 1208) referred to this process as “accelerating bias” while noting that a common theme in the sentencing literature is that pretrial detention is often linked to higher odds of prison sentences after conviction (for a summary of this literature as well as contrary findings, see Reitler, Sullivan, and Frank, ).…”

Section: Cumulative Disadvantage In Case Processingmentioning

confidence: 99%

Is the Impact of Cumulative Disadvantage on Sentencing Greater for Black Defendants?

Wooldredge

Frank

Goulette

et al. 2015

Criminology & Public Policy

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135

132

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Research Summary We examined race‐group differences in the effects of how felony defendants are treated at earlier decision points in case processing on case outcomes. Multilevel analyses of 3,459 defendants nested within 123 prosecutors and 34 judges in a large, northern U.S. jurisdiction revealed significant main and interaction effects of a defendant's race on bond amounts, pretrial detention, and nonsuspended prison sentences, but no significant effects on charge reductions and prison sentence length. Evidence of greater “cumulative disadvantages” for Black defendants in general and young Black men in particular was revealed by significant indirect race effects on the odds of pretrial detention via type of attorney, prior imprisonment, and bond amounts, as well as by indirect race effects on prison sentences via pretrial detention and prior imprisonment. Policy Implications The consideration of cumulative disadvantage is important for a more complete understanding of the overincarceration of Blacks in the United States. Toward the end of reducing racial disparities in the distribution of prison sentences, courts might (a) reduce reliance on money bail, (b) consider bail amounts for indigent defendants more carefully, and (c) increase the structure of pretrial decision making to reduce the stronger effects of imprisonment history and type of attorney on the odds of pretrial detention for Black suspects.

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Section: Cumulative Disadvantage In Case Processingmentioning

confidence: 99%

Is the Impact of Cumulative Disadvantage on Sentencing Greater for Black Defendants?

Wooldredge

Frank

Goulette

et al. 2015

Criminology & Public Policy

Self Cite

135

132

View full text Add to dashboard Cite

show abstract

“…By law and by court decisions from the Seventh and Ninth Circuits, both are effectively forecasts that are to be made after carefully considering a range of factors beyond the immediate charges (Federal Judicial Center :8–10). In practice, the forecasts are commonly made on a magistrate's subjective and nearly instantaneous judgments (Reitler et al ). Forecasts of flight risks are being addressed in other work.…”

Section: Introductionmentioning

confidence: 99%

“…Regardless of title, the tasks performed at a preliminary arraignment are essentially the same. and nearly instantaneous judgments (Reitler et al 2013). Forecasts of flight risks are being addressed in other work.…”

Section: Introductionmentioning

confidence: 99%

Forecasting Domestic Violence: A Machine Learning Approach to Help Inform Arraignment Decisions

Berk

Sorenson

Barnes

2016

J Empirical Legal Studies

107

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Arguably the most important decision at an arraignment is whether to release an offender until the date of his or her next scheduled court appearance. Under the Bail Reform Act of 1984, threats to public safety can be a key factor in that decision. Implicitly, a forecast of “future dangerousness” is required. In this article, we consider in particular whether usefully accurate forecasts of domestic violence can be obtained. We apply machine learning to data on over 28,000 arraignment cases from a major metropolitan area in which an offender faces domestic violence charges. One of three possible post‐arraignment outcomes is forecasted within two years: (1) a domestic violence arrest associated with a physical injury, (2) a domestic violence arrest not associated with a physical injury, and (3) no arrests for domestic violence. We incorporate asymmetric costs for different kinds of forecasting errors so that very strong statistical evidence is required before an offender is forecasted to be a good risk. When an out‐of‐sample forecast of no post‐arraignment domestic violence arrests within two years is made, it is correct about 90 percent of the time. Under current practice within the jurisdiction studied, approximately 20 percent of those released after an arraignment for domestic violence are arrested within two years for a new domestic violence offense. If magistrates used the methods we have developed and released only offenders forecasted not to be arrested for domestic violence within two years after an arraignment, as few as 10 percent might be arrested. The failure rate could be cut nearly in half. Over a typical 24‐month period in the jurisdiction studied, well over 2,000 post‐arraignment arrests for domestic violence perhaps could be averted.

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“…Beyond exerting a direct effect on sentence outcomes, it is also possible that offenders’ educational achievements will operate through interaction with other factors that affect the sentencing process. As discussed previously, offenders who are younger, minority, and male often face greater odds of incarceration and longer sentences as compared with their respective counterparts (Chiricos & Eschholz, 2002; Reitler et al, 2012; Spohn & Beichner, 2000; Steffensmeier et al, 1995; Steffensmeier et al, 1998; Wolfe et al, 2011). Drawing on the focal concerns perspective, these disadvantages are likely the result of negative criminal stereotypes associated with these statuses (Albonetti, 1991; Steffensmeier et al, 1998).…”

Section: Theoretical Frameworkmentioning

confidence: 86%

“…This is especially pertinent to the federal courts (the jurisdiction of the present study) since the Bail Reform Act of 1984 allowed pretrial detention to become heavily focused on issues of community safety. As Reitler, Sullivan, and Frank (2012) pointed out, detention in the federal courts is not simply a mechanism to ensure future court appearances. Instead, defendants who are detained during the pretrial process are often held to protect against a perceived threat to the community.…”

Section: Theoretical Frameworkmentioning

confidence: 99%

Sentencing Outcomes in U.S. District Courts

Franklin

2016

Crime & Delinquency

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Numerous studies have examined the influence of offender characteristics on sentencing outcomes, yet little attention has been afforded to offenders’ educational attainment. The focal concerns theory provides reason to suspect that greater educational attainment may insulate offenders from the effects of criminal stereotypes linked to extralegal factors, including race/ethnicity, age, and sex. The current analysis employs a sample of 115,674 federal offenders to test this assumption on the in/out and sentence length decisions. Results of the in/out models demonstrate a general pattern where the effects of several extralegal factors (i.e., race, ethnicity, age, sex, and detention) are reduced, and in some cases fully moderated, by offenders’ educational attainment. This pattern, however, is not apparent during the sentence length decision.

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

Cited by 27 publications

References 41 publications

Is the Impact of Cumulative Disadvantage on Sentencing Greater for Black Defendants?

Is the Impact of Cumulative Disadvantage on Sentencing Greater for Black Defendants?

Forecasting Domestic Violence: A Machine Learning Approach to Help Inform Arraignment Decisions

Sentencing Outcomes in U.S. District Courts

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