The Sentencing Consequences of Federal Pretrial Supervision

Oleson, James C.; Lowenkamp, Christopher T.; Wooldredge, John; VanNostrand, Marie; Cadigan, Timothy P.

doi:10.1177/0011128714551406

Cited by 24 publications

(13 citation statements)

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“…Beyond pretrial outcomes, detention length affects downstream case outcomes. Recent scholarship indicates that pretrial detainees are more likely to be convicted (Dobbie et al, 2018; Gupta, Hansman, & Frenchman, 2016; Leslie & Pope, 2017), have lengthier sentences (Didwania, 2018; Oleson, Lowenkamp, Cadigan, VanNostrand, & Wooldredge, 2016; Oleson, Lowenkamp, Wooldredge, VanNostrand, & Cadigan, 2017; Sacks & Ackerman, 2014), and recidivate at higher rates (Gupta et al, 2016; Lowenkamp, VanNostrand, & Holsinger, 2013). Moreover, Black–White sentencing disparities have been attributed to differential rates of pretrial detention (Leslie & Pope, 2017).…”

Section: Pretrial Detention As a Stratification Processmentioning

confidence: 99%

Time, Money, and Punishment: Institutional Racial-Ethnic Inequalities in Pretrial Detention and Case Outcomes

Martinez

Petersen

Omori

2019

Crime & Delinquency

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While prior research finds that pretrial detention has downstream consequences for racial inequalities in conviction and sentencing, it is often conceptualized as a discrete event within the criminal justice system. This study instead argues that pretrial detention operates as a racial-ethnic stratification process across time. We assess whether temporal and monetary dimensions of pretrial produce and reinforce racial-ethnic disparities in pretrial and subsequent case outcomes. Results indicate that time and money significantly stratify defendants by race and ethnicity, where bond amounts increase time detained, and that time detained in turn reinforces racial inequalities in conviction and incarceration. Indicative of cumulative understandings of inequality, our study shows how time and money in pretrial detention perpetuate inequalities in the criminal justice system.

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Section: Pretrial Detention As a Stratification Processmentioning

confidence: 99%

Time, Money, and Punishment: Institutional Racial-Ethnic Inequalities in Pretrial Detention and Case Outcomes

Martinez

Petersen

Omori

2019

Crime & Delinquency

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“…The detention decision is particularly important for several reasons. First, prior research indicates that race is significantly related to detention (e.g., Oleson et al, 2017; Wooldredge, 2012). Given that the pretrial decision is less visible than sentencing, there may even be increased risk of differential treatment based on race (Free, 2004).…”

Section: Minority Threat Hypothesis: Theory and Researchmentioning

confidence: 99%

Exploring the Minority Threat Hypothesis for Juveniles in Criminal Court

Zane

2017

Youth Violence and Juvenile Justice

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In the context of the criminal justice system, the minority threat hypothesis posits that a growing minority population will exacerbate racial and ethnic disparities as those in power seek to establish social control over the threatening population. Decades of research have produced mixed findings, possibly due to the varied approaches to testing this hypothesis as well as the different populations to whom it is applied. To fully explore the racial and ethnic threat hypotheses for an underexamined population-juveniles transferred to criminal court-and an underexamined outcome-pretrial detention-the present article employs a series of multilevel models to test several versions of the hypothesis. Specifically, the article distinguishes between two measures of minority threat-static and dynamic-and two types of threat effects-diffuse and targeted. Findings indicate limited support for the minority threat hypothesis in all forms. Several interpretations are offered, ranging from consideration of the need for more informed measures of threat to a possible need to modify or abandon the minority threat hypothesis in the context of juvenile and criminal justice processing.

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“…For example, the Bureau of Justice Statistics' State Court Processing Statistics (SCPS) program periodically tracks a sample of felony cases for about 110,000 defendants from a representative sample of 40 of the nation's 75 most populous counties. 4 Prior work based on cross-sectional comparisons has yielded mixed results, with some papers suggesting little impact of pre-trial detention on conviction rates (Goldkamp 1980), and others finding a significant relationship between pre-trial detention and the probability of conviction (Ares, Rankin, and Sturz 1963, Cohen and Reaves 2007, Phillips 2008) and incarceration (Foote 1954, Williams 2003, Oleson et al 2014. There is mixed evidence on whether bail amounts are correlated with the probability of jumping bail (Landes 1973, Clarke, Freeman, and Koch 1976, Myers 1981).…”

mentioning

confidence: 99%

The Effects of Pre-Trial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges

Dobbie¹,

Goldin²,

Yang³

2016

128

221

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, and numerous seminar participants for helpful comments and suggestions. Molly Bunke, Kevin DeLuca, Sabrina Lee, and Amy Wickett provided excellent research assistance. The views expressed in this article are those of the authors and do not necessarily reflect the view of the U.S. Department of Treasury. The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peer-reviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications.

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The Sentencing Consequences of Federal Pretrial Supervision

Cited by 24 publications

References 50 publications

Time, Money, and Punishment: Institutional Racial-Ethnic Inequalities in Pretrial Detention and Case Outcomes

Time, Money, and Punishment: Institutional Racial-Ethnic Inequalities in Pretrial Detention and Case Outcomes

Exploring the Minority Threat Hypothesis for Juveniles in Criminal Court

The Effects of Pre-Trial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges

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