How prosecutors talk about risk: Analyzing prosecutors’ bail requests and reasoning in Pennsylvania

• In Event: Prosecution in the Making I: Prosecutorial Discretion: Plea Bargaining and Pretrial Detention

Abstract

Prosecutors often mention both legal and extra-legal factors when making requests about pretrial release (or detention) and money bail amounts. These initial requests and the rationales underlying them are difficult to analyze through official court data alone. This paper uses data from court observation of initial arraignments in one suburban Pennsylvania county to map patterns in pretrial release and conditions of release. This paper focuses on the reasons that prosecutors give for their recommendations about bail and non-monetary conditions and the ways they invoke concepts of risk. It also analyzes how often and when judges’ release decisions align with prosecutors’ recommendations. These findings lay the groundwork for potential changes in policy, practice, and culture among prosecutors, to reduce unnecessary detention and improve transparency.

Authors

• Jennifer Peirce, Vera Institute of Justice

• Caitlin Yee, Vera Institute of Justice