Exploring the Impact of Pretrial Detention on Guilty Plea Outcomes

• In Event: Sentencing Outcomes III

Abstract

Although prior literature has consistently found that detained defendants are more likely to accept plea deals than similarly situated released defendants, little is known regarding the nature of those plea deals. For example, if a detained defendant plead guilty to a jail sentence while another similarly-situated released defendant plead guilty to a probation sentence, then a disparity has emerged in these plea outcomes. In this case, not only detained defendants are more likely to plead guilty, but also plead guilty to worse outcomes. Thus, the current study compares the “nature” of plea deals accepted by detained and released defendants. We hypothesize that detained defendants are more likely to accept less “generous” plea offers than released defendants given their pretrial detention status. This study utilized data collected by the CAFA program (Counsel at First Appearance) in the New York State, which is funded by the National Institute of Justice (Award 2014-IJ-CX-0027). The site of the current study is one upstate New York county. Multinomial logistic models are used to conduct data analysis.

Authors

• Jingyi Fei, University at Albany, SUNY

• Alissa Pollitz Worden, University at Albany, SUNY