Pretrial detention drives up to 47 percent of Black-White conviction and sentence disparities

Evidence

Research also shows that pretrial detention is one of the most powerful sources of disparity. The decision to detain is important in itself given its obvious impact on defendants’ ability to retain employment and family ties. Yet this decision is also consequential because it affects defendants’ likelihood of pleading guilty (Patterson & Lynch, 1991) and their final sentence (Spohn & Holleran, 2000). There is a clear pattern of minorities being disadvantaged at this stage. Poor minority defendants who are unable to post bail and therefore unable to get released from jail before trial are more likely to plead guilty and accept longer incarceration sentences. One recent study found that bail and pretrial detention contribute to 30 percent to 47 percent of the explained Black-White disparity in conviction and pleading guilty, being incarcerated, and receiving a longer incarceration sentence (Donnelly & MacDonald, 2018). While it is true that prosecutors do not fully make pretrial detention decisions, in most jurisdictions they play a powerful role through recommending detention, release on bail, or release on one’s own recognizance. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 562 (#expands, via linked claim)

Categorization

• XREF: connects to: Pretrial detention drives a large share of Black-White sentence disparity — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 562; Racial bias infects prosecutors’ pretrial bail and plea decisions — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 1388; Racial disparities compound at every stage of the criminal justice process — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 48 (+4 more)

Broader Connections

• Pretrial detention drives a large share of Black-White sentence disparity #expands (0.97) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 562