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How do the consequences of pretrial detention on guilty pleas and carceral sentences vary between misdemeanor and felony cases?

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  • Thomas, Christopher
  • Cadoff, Becca
  • Wolff, Kevin T.
  • Chauhan, Preeti

Abstract

Pretrial detention functions differently depending on why an individual is referred to the legal system. For those charged with misdemeanor offenses, the pretrial process is often the primary punishment, irrespective of guilt or innocence. For those charged with felonies, the primary punishment often comes from the resulting adjudicative sentence. Thus, the consequences of such detention on guilty pleas and carceral sentences could vary starkly between misdemeanors and felonies. This study draws on a unique dataset combining complete individual-level arrest and pretrial incarceration data for all adults arrested in New York City in 2016 and 2017. Using logistic regression and Cox survival models, the study identifies differential impacts of time detained pretrial on downstream consequences. Compared to people detained on felonies, people detained on misdemeanors are more likely to plead guilty, plead faster, and receive a carceral sentence. The article concludes with a discussion of policy implications of these differential pretrial justice regimes.

Suggested Citation

  • Thomas, Christopher & Cadoff, Becca & Wolff, Kevin T. & Chauhan, Preeti, 2022. "How do the consequences of pretrial detention on guilty pleas and carceral sentences vary between misdemeanor and felony cases?," Journal of Criminal Justice, Elsevier, vol. 82(C).
    • Handle: RePEc:eee:jcjust:v:82:y:2022:i:c:s0047235222001283
    DOI: 10.1016/j.jcrimjus.2022.102008
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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. Campbell, Christopher M. & Labrecque, Ryan M. & Weinerman, Michael & Sanchagrin, Ken, 2020. "Gauging detention dosage: Assessing the impact of pretrial detention on sentencing outcomes using propensity score modeling," Journal of Criminal Justice, Elsevier, vol. 70(C).
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