Community Context and Pretrial Misconduct: Examining Community-Level Factors, Crime, and Court Nonappearances in Denver, Colorado

• In Event: The Impact of Bond Type and Other Factors on Pretrial Outcomes

Abstract

Judges increasingly relied on cash bail to prevent pretrial misconduct over the past three decades. This reliance has contributed to increased rates of pretrial detention, as many defendants cannot meet the financial requirement for release. Estimates suggest that roughly two-thirds of the United States’ jail population is detained while awaiting trial because they cannot afford to pay their bail. In response, efforts have been made to decrease the use of cash bail and pretrial detention. Critics of bail reform, however, have argued that these efforts may be responsible for some recent crime increases. Despite these claims, few studies have empirically examined the influence of cash versus personal recognizance release on crime. As such, the current study uses aggregate-level data to examine the impact of financial vs. non-financial bonds on pretrial crime in a large county located in the Southwest region of the country. We also assess the extent to which social, political, and economic factors are associated with pretrial crime. Our results indicate that the use of cash bail rather than personal recognizance release is no more likely to reduce pretrial crime, but macro-level, societal factors produce significant effects. Implications for research, theoretical advancement, and policymaking are discussed.

Authors

• Benjamin Scanlan, University of Colorado Denver

• Vivian Aranda-Hughes, Michigan State University

• William M. Casey, Clemson University