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Determinants of Bail Decisions With An Eye Toward Reform

Thu, Nov 15, 7:15 to 8:15pm, Marriott, Atrium B, Atrium Level

Abstract

As issues of overcrowding in local jails have risen to crisis levels, bail reform has become a critical topic for most court administrators. Most of the reforms have focused on alleviating overcrowding by releasing more offenders on bail. The primary purpose of the current study is to examine the arraignment process and bail decision making. Data was collected from the public defender’s office in a midsize city in the Midwest. The sample includes over 5,000 participants, all of whom went through the city’s arraignment process. Collected data includes offender demographic characteristics, case and charging information, type of attorney, the arraignment judge, bail type and amount, and whether the defendant was released. The analysis examines factors associated with bail decisions and the release of defendants pending trial, with an emphasis on identifying pre-trial factors that influence the size of the jail population. Policy reforms to combat the examined and identifiable bail issues are suggested, looking for resolutions beyond simply building another jail.

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