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Bail denied or bail too high? Disentangling cumulative disadvantage by pretrial detention type

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  • St. Louis, Stacie

Abstract

Defendants can be detained preventively or held in pretrial detention on an unaffordable bail. While prior research concludes that detained defendants face more severe case outcomes than released defendants, it is essential to unpack the differences between defendants denied bail and held on bail. As the latter group would not be detained if they were of more affluent means, they should not face the same cumulative disadvantages of pretrial detention as defendants deemed dangerous and held preventively.

Suggested Citation

  • St. Louis, Stacie, 2022. "Bail denied or bail too high? Disentangling cumulative disadvantage by pretrial detention type," Journal of Criminal Justice, Elsevier, vol. 82(C).
    • Handle: RePEc:eee:jcjust:v:82:y:2022:i:c:s0047235222000915
    DOI: 10.1016/j.jcrimjus.2022.101971
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    References listed on IDEAS

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    1. Will Dobbie & Jacob Goldin & Crystal S. Yang, 2018. "The Effects of Pretrial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges," American Economic Review, American Economic Association, vol. 108(2), pages 201-240, February.
    2. Emily Leslie & Nolan G. Pope, 2017. "The Unintended Impact of Pretrial Detention on Case Outcomes: Evidence from New York City Arraignments," Journal of Law and Economics, University of Chicago Press, vol. 60(3), pages 529-557.
    3. Megan T Stevenson, 2018. "Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 34(4), pages 511-542.
    4. Stephanie Holmes Didwania, 2020. "The Immediate Consequences of Federal Pretrial Detention," American Law and Economics Review, Oxford University Press, vol. 22(1), pages 24-74.
    5. Goulette, Natalie & Wooldredge, John & Frank, James & Travis, Lawrence, 2015. "From Initial Appearance to Sentencing: Do Female Defendants Experience Disparate Treatment?," Journal of Criminal Justice, Elsevier, vol. 43(5), pages 406-417.
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