Assessing the Use and Impact of a Bail Schedule in Florida

• In Event: Disparities in Pretrial Justice

Abstract

In recent years, the range of consequences associated with the U.S. cash bail system have come into focus. In particular, growing rates of pretrial detention due to jurisdictions’ reliance on cash bail, and the attendant effects of bail and pretrial detention on individuals, have generated concerns among researchers and policymakers alike. Yet despite increased research attention to the pretrial process, little is known about the ways in which bail policies and practices (e.g., bail schedules) influence individuals’ outcomes or judicial decision-making processes. The current study draws on data from multiple administrative sources in a large-sized county in the southeastern United States to improve our understanding of how these local guidelines shape judges’ bail decisions and contribute to individuals’ likelihood of being detained. In a series of multivariate analyses, we explore whether bail schedules contribute to disparities in pretrial detention and, moreover, the extent to which these policy guides influence judges’ discretionary decisions regarding bail recommendations. We discuss the implications of our findings for policy and practice, including ongoing efforts to reform local correctional systems in ways that promote both justice and equity.

Authors

• William M. Casey, Clemson University

• Jennifer Copp, Florida State University