Pandemic Justice: A Grounded Theory Examination of Disparities in Virtual Bond Hearings

• In Event: Exploring the Impact of Court Actors on Pretrial Outcomes

Abstract

Similar to other points in the criminal-legal system, bond hearings are not immune from producing disparate outcomes. The typical bond hearing study examines these hearings using quantitative data, which is limited in its ability to explain disparities. We had the unique opportunity to examine how disparities emerge in bond hearings during a global pandemic. The two goals of our study were to understand how the contextual dynamic of the initial appearance setting contributes to variations in bond decision-making, and the extent to which this dynamic was affected by the virtual nature of the hearing. We conducted field notes of the Broward County, Florida first appearance virtual courtroom over the course of 12 one-hour sessions. Using Charmaz’s grounded theory approach, we first used incident-by-incident coding and then used focused coding to identify dominant themes within these notes. We observed 149 bond cases, and our workgroup members included 3 judges, 4 prosecutors, and 27 defense attorneys. Our findings are consistent with focal concerns theory, but also highlight the relevance of court actor interactions. We additionally found that the virtual nature of the hearings shifted more power and control of each case to the judge. Implications and future research directions will be discussed.

Authors

• Ashley Elizabeth Rodriguez, Pennsylvania State University

• Avery Worrell, University of South Carolina

• Christi Metcalfe, University of South Carolina