The Focal Concerns Theory and Predictors of Pretrial Detention

• In Event: Mass Incarceration: Practices, Pre-Trial Detention, and Parole

Abstract

Pretrial detention is shown to have a significant effect on sentencing decisions (Spohn, 2009). Yet, few studies support the theoretical possibility that pretrial detention decisions are due to legitimate legal factors, as opposed to extralegal factors such as race, gender, and age. The sparse studies that have been done show concerning patterns that connect these extralegal factors to higher bail amounts and an increased chance of remandment (Demuth, 2003; Spohn, 2009). Focal concerns theory describes the decisions of judges as being based on three major factors: blameworthiness of the defendant, protection of the community, and practical constraints (Kramer & Ulmer, 2005). However, judges often do not have the ability to know all the legal factors of a given case and, therefore, often depend on perceptual shorthands derived from stereotypes to assess the three focal concerns. This stereotyping can lead to the impact of extralegal factors on decision making. Using a combination of data from the Pennsylvania Sentencing Commission and from Pennsylvania court dockets this study employs the focal concerns theory as a lens to assess whether extralegal factors affect pretrial detention outcomes in the state of Pennsylvania.

Author

• Lily Hanrath, Pennsylvania State University