Presentence Detention in U.S. District Courts: The Effects of Race/Ethnicity, Gender, and Social Context

• In Event: Posters II

Abstract

The purpose of this study is to explore the effects of defendants’ race/ethnicity and gender, and social context on defendants’ pretrial status. This study employs a multilevel modeling strategy and uses criminal sentencing data (N=130,120) from USSC for FY 2008 to 2010, across 89 U.S. District Courts, including supplemental data drawn from the U.S. Census Bureau and the Federal Judicial Center’s Federal Court Management Statistics. The initial findings indicate that Black and Hispanic defendants are less likely than Whites, and females are more likely than males, to be released on bail and rereleased on their own recognizance (ROR). Regarding the district level, ROR is less likely for defendants processed in districts with a higher crime rate and higher socioeconomic disadvantage. On the other hand, bail is more likely for defendants processed in districts with larger courts (more judges). In cross-level interactions increase in percent Black, increase in crime rate, and increase in socioeconomic disadvantage are positively associated with bail for Black defendants. Consistent with the courts as communities and focal concerns perspectives, this study found that the presentence process is influenced by local practices, norms, and concerns for organizational efficiency.

Author

• Jamilya Anderson, Kansas State University