<p>Although effort has been made to ensure fair pretrial decisions (e.g., whether to detain or release) based on relevant legal factors, judges have significant discretion, raising concerns about bias and discrepancies. Our analyses, informed by a focal concerns theoretical perspective, examined the relative roles of legal (e.g., prior arrests, seriousness of index offense), quasi-legal (e.g., employment, substance use problems), and extra-legal factors (e.g., race/ethnicity, age) in bail determinations for a sample of jail detainees. Study participants included 713 individuals (67% male, 72% white) booked into a county jail in Florida. Jail files and court records were used to code legal factors and bail outcomes, operationalized in multiple ways to thoroughly assess these relationships. Participant reports were used to collect data on quasi- and extra-legal factors identified by focal concerns and prior literature. Analyses for the first goal revealed that bail decisions, including if bond was granted and the amount of cash bail required, were consistently associated with legal factors, particularly prior arrests and histories of absconding or violating conditional release. Two quasi-legal factors (substance use and household income) were related to bail decisions. Extra-legal factors (e.g., gender, race/ethnicity, age) were largely unrelated to court bail decisions, with some exceptions. Together, these results highlight 1) that legal factors are important in determining bond outcomes, despite Florida judges’ legal leeway in considering more subjective and extra-legal factors; and 2) quasi-legal factors are intertwined with extra-legal factors, suggesting legal judicial decisions may still lead to disproportionate burdens on the most disadvantaged defendants.</p>

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Legal, Quasi-, and Extra-Legal Correlates of Judicial Bail Outcomes

  • Alora McCarthy,
  • Bryanna Fox,
  • Edelyn Verona

摘要

Although effort has been made to ensure fair pretrial decisions (e.g., whether to detain or release) based on relevant legal factors, judges have significant discretion, raising concerns about bias and discrepancies. Our analyses, informed by a focal concerns theoretical perspective, examined the relative roles of legal (e.g., prior arrests, seriousness of index offense), quasi-legal (e.g., employment, substance use problems), and extra-legal factors (e.g., race/ethnicity, age) in bail determinations for a sample of jail detainees. Study participants included 713 individuals (67% male, 72% white) booked into a county jail in Florida. Jail files and court records were used to code legal factors and bail outcomes, operationalized in multiple ways to thoroughly assess these relationships. Participant reports were used to collect data on quasi- and extra-legal factors identified by focal concerns and prior literature. Analyses for the first goal revealed that bail decisions, including if bond was granted and the amount of cash bail required, were consistently associated with legal factors, particularly prior arrests and histories of absconding or violating conditional release. Two quasi-legal factors (substance use and household income) were related to bail decisions. Extra-legal factors (e.g., gender, race/ethnicity, age) were largely unrelated to court bail decisions, with some exceptions. Together, these results highlight 1) that legal factors are important in determining bond outcomes, despite Florida judges’ legal leeway in considering more subjective and extra-legal factors; and 2) quasi-legal factors are intertwined with extra-legal factors, suggesting legal judicial decisions may still lead to disproportionate burdens on the most disadvantaged defendants.