Racial and Ethnic Disparities in Pretrial Processes: Patterns, Pathways, and Perspectives From Seven Jurisdictions

• In Event: Improving Pretrial Systems Through Research-Practice Partnerships: Findings From the Pretrial Justice Collaborative Project

Abstract

Black and Hispanic communities are disproportionately exposed to the criminal legal system, linked to the United States’ history of racial discrimination and segregation. Evidence also suggests that people of color continue to face unequal treatment once involved in the system and that disparities can accumulate across the pretrial process. The current 7-jurisdiction study adds to this research through descriptive analysis, logistic and linear regression, path analysis, and qualitative interviews to 1) assess racial/ethnic disparities throughout the pretrial period, 2) examine the extent to which disparities compound across decision points, and 3) offer perspectives from legal system staff on strategies to address disparities. The study found that disparities were common across jurisdictions at the point of entry into the legal system and in charging and release condition decision-making, even after controlling for risk score and charge type. In one jurisdiction where more rigorous path analysis was possible, disparities were found to accumulate across pretrial decision points, resulting in longer incarceration sentences. Legal system staff’s suggestions for mitigating disparities are discussed in the context of the existing literature, including investing in community supports and alternatives to arrest, standardizing arrest and charging procedures, enhancing transparency and communication, and improving data quality and disparity monitoring practices.

Authors

• Chloe Anderson, MDRC

• Brit Henderson, MDRC

• Lily Freedman, MDRC Center for Criminal Justice Research

• Kasey Eickmeyer, MDRC Center for Data Insights

• David Selby, MDRC Center for Data Insights

• Cassandra T-Pederson, MDRC