Pretrial Justice in Virginia: What Light Can the New Pretrial Data Project Microdata Shed?

• In Event: Early and Continuous Access to Counsel to Improve the Quality of Justice in Virginia

Abstract

Since 2021, Virginia has released microdata on pretrial aspects of the criminal justice system, including anonymized, individual-level data on arrests, charging, bail, disposition, sentencing, and information on court appearances and subsequent arrests and charges. These Pretrial Data Project (PDP) data cover individuals who committed an offense in 2018-2020. We highlight examples of how policy-relevant evidence can be obtained from these data. First, using a rigorous impact evaluation design, we examine the impact of 2018 legislation that reduced the classification of certain larceny offenses from felonies to misdemeanors. We find improvements in pretrial release and case outcomes, with no corresponding increase of new crimes due to their lesser penalties. Second, we use PDP data to consider the use of rebuttable presumptions against bail for certain offenses that rest the burden of proof for release decisions on defendants rather than the prosecution. We use a control variable design to account for factors that may be correlated with the presence of such presumptions for each defendant and pretrial release conditions and outcomes. Finally, we explore the extent to which African-Americans experience different conditions and treatment in the pretrial process. We find disparities between African-Americans and other defendants in pretrial release.

Author

• Ariel BenYishay, William & Mary