The Role of Relative Disadvantage in Pretrial Outcomes: Findings from Three Indiana Counties

• In Event: Disparities in Pretrial Justice

Abstract

Racial disparities in criminal-legal decisions begin before jail intake and continue through post-conviction outcomes. Despite a strong body of research identifying the presence of racial disparities in the criminal-legal system, less research has isolated specific drivers of disparities. Most prior work has focused on disparate decision-making and relative disadvantage in later stages of case processing. Few studies have examined the role of structural barriers in reproducing disparities within the system. To advance this work, this prospective study followed individuals through early case processing to identify how criminal-legal decisions varied based on self-reported relative disadvantage. We liaised with local jails and pretrial services agencies to implement the 12-item Relative Disadvantage Tool data collection practices in three facilities. Between July 2023 and February 2024, responses were collected from approximately 750 individuals. We report on our linkage of assessment results to local jail and court records to examine: 1) differences in levels of relative disadvantage across racial groups, 2) the role of relative disadvantage in pretrial release outcomes, and 3) the role of relative disadvantage in initial charging decisions. Findings will inform the role of broader structural disadvantage in disparities that manifest in the system and propose meaningful solutions to address disparities.

Authors

• Hayley Carlisle, George Mason University

• Evan Marie Lowder, George Mason University

• Deja Redding, George Mason University

• Morgan Goins, George Mason University