The Impact of Race on the Pretrial Decision

Freiburger, Tina L.; Marcum, Catherine D.; Pierce, Mari B.

doi:10.1007/s12103-009-9069-z

Cited by 32 publications

(20 citation statements)

References 30 publications

(33 reference statements)

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“…Likewise, study findings on the effects of extralegal factors on pretrial custody decisions are also mixed. The effect of offenders' race on pretrial custody decisions has been the focus of growing empirical inquiry (see, e.g., Albonetti et al ; Ayres and Waldfogel ; Freiburger et al ), but the results are varied . In one study, Free (: 206–10) concluded that racial disparities in bond decisions are significant and have been stable over time, especially with respect to bond amounts.…”

Section: Theoretical Frameworkmentioning

confidence: 99%

Detained: A Study of Immigration Bond Hearings

Ryo¹

2016

Law Soc Rev

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Immigration judges make consequential decisions that fundamentally affect the basic life chances of thousands of noncitizens and their family members every year. Yet, we know very little about how immigration judges make their decisions, including decisions about whether to release or detain noncitizens pending the completion of their immigration cases. Using original data on long-term immigrant detainees, I examine for the first time judicial decision making in immigration bond hearings. I find that there are extremely wide variations in the average bond grant rates and bond amount decisions among judges in the study sample. What are the determinants of these bond decisions? My analysis shows that the odds of being granted bond are more than 3.5 times higher for detainees represented by attorneys than those who appeared pro se, net of other relevant factors. My analysis also shows that the detainees' prior criminal history is the only significant legally relevant factor in both the grant/deny and bond amount decisions, net of other relevant factors. This finding points to the need for further research on whether and how immigration courts might be exercising crime control through administrative proceedings.Immi gration judges make consequential decisions that fundamentally affect the basic life chances of thousands of noncitizens and their family members every year. Yet, we know very little about how immigration judges make their decisions, in large part due to the scarcity of data. This lack of knowledge is especially notable when it comes to immigration bond hearings-also known as custody redetermination hearings-in which immigration judges must decide whether noncitizens should be released Data used in this study were collected in collaboration with

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Section: Theoretical Frameworkmentioning

confidence: 99%

Detained: A Study of Immigration Bond Hearings

Ryo¹

2016

Law Soc Rev

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“…Racial stereotypes linking race and ethnicity to criminality find that minority defendants are perceived as more dangerous, threatening and culpable than white defendants (Albonetti 1991(Albonetti , 1997Bridges and Crutchfield 1988;Bridges and Steen 1998;Farrell and Swigert 1978;Freiburger et al 2010;Kramer and Steffensmeier 1993;Miethe and Moore 1986;Steffensmeier and Demuth 2000;Steffensmeier et al 1998;Zatz 1984Zatz , 1985. Similarly, those individuals evaluated as committing the most serious crimes are more likely to be non-white Spohn, Gruhl and Welch 1981-82).…”

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confidence: 99%

Status, emotional displays, and the relationally-based evaluation of criminals and their behavior

Dilks

McGrimmon

Thye

2015

Social Science Research

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This research uses status characteristics theory to expand our knowledge of the effects of status variables (e.g., race, education) and emotional displays on the antecedents of sentencingevaluations of offender dangerousness and offense seriousness. We present a theoretical formulation that combines three areas of status characteristics research -reward expectations, individual evaluative settings and valued personal characteristics. The result is a quantitative measure that aggregates relative differences in demographic and emotional characteristics between offenders and their victims. The significance of this expectation advantage measure (e) in predicting evaluations of offender dangerousness and offense severity is tested using data from a vignette study. We find empirical support that expectation advantage significantly predicts these sentencing antecedents but not sentencing outcomes directly. We conclude by discussing the implications of our findings for future status and criminological research.

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“…Many pretrial detention studies focus on disparities across demographic factors (e.g., race, gender, and employment status) between those defendants who await adjudication behind bars and those that are out on bond during the pretrial period (Demuth, 2003;Frieburger, Marcum & Pierce, 2009;Holmes et al, 1987;McIntyre & Baradaran, 2013;Schlesinger, 2005).Focusing exclusively on drug offenders, Freiburger et al (2009) found that black defendants were more likely to be detained pretrial and females, though not found to be released more often than males, received lower bail amounts and those who were employed were more likely to be released.…”

Section: Background Literaturementioning

confidence: 99%

Pretrial Incapacitation Duration Impacts the Odds of Recidivism among Unreleased Bond-Eligible Defendants

Meitl¹,

Morris²

2019

JLCJ

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In the United States criminal defendants are generally subject to a detention hearing following arrest. At this hearing, a judge determines whether the defendant is eligible for release prior to trial and bail is set accordingly. In most cases, defendants are released prior to adjudication (i.e., pretrial), yet often, bail is set and the defendant remains in jail until adjudication or s/he is held for an extended duration prior to pretrial release. Whether the duration of pretrial is empirically tethered to the odds of subsequent offending for those otherwise eligible for release, net of other effects, remains unclear. Relying on data from the population of defendants in Dallas County, Texas, this study assessed whether the pretrial jail duration impacted the likelihood of recidivism (re-arrest) among bond-eligible defendants who remained in jail from arrest through disposition, rather than being released pretrial. Theoretical and policy implications are discussed.

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The Impact of Race on the Pretrial Decision

Cited by 32 publications

References 30 publications

Detained: A Study of Immigration Bond Hearings

Detained: A Study of Immigration Bond Hearings

Status, emotional displays, and the relationally-based evaluation of criminals and their behavior

Pretrial Incapacitation Duration Impacts the Odds of Recidivism among Unreleased Bond-Eligible Defendants

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